GIFT   OF 


PROPOSED 


New  Charter 


FOR 


City  of  Alhambra 


CALIFORNIA 


INDEX 


Page.       Section. 

Audit  Annual    8         32 

Alcoholic  Liquors  . . . 
Charter  provision 
allowing  sale  by 
Druggists  only  ...  22  101  -  102 
Alternative  provis- 
ion allowing  also 
Hotel  privilege  ...  35  101 

EVERY  ELECTOR  IN  ADDITION  TO 
VOTING  UPON  THE  CHARTER 
SHOULD  ALSO  VOTE  FOR  OR 
AGAINST  THE  ALTERNATIVE 
LIQUOR  PROVISION. 

Charter 

When  to  take  effect  33      193 
Provision       as       to 
holding  over    33       194 

Commission 

Membership    4        10 

Departmental      A  s- 

signment    6         28 

Vacancy,  how  filled     7         31 
General  powers    ...     8        37  et  seq. 
Must  publish   annu- 
al  report    9         58 


Page.       Section. 

Limitations  and  ex- 
penditure         9        56 

Contract 

Lighting    streets, 
limitation    26       137 

Adverti  sing      for 

printing    annually  26       138 

No   city   employe   to 

be   interested    ...   27       141 

Collusion,  as  to  ...   26       139    -    140 
Departmental      organi- 
zation          6         28 

Distribution  of  pow- 
ers         7        30 

Elections 

General    23       104 

Special    23      105 

Nominations    by   pe- 
tition       23       107 

Primary  may  be  re- 
quired by  petition  23      108 

Primary  regulations  23      109  et  seq. 

General    .  previsions 

'for 24      116  et  seq. 


Officers 

Elective    , 

Chief  appointive 
Other  appointive 
Eligibility  


Page.       Section. 


4  7 

4  7 

4  9 

4         10 

Term  of  office 4         11 

-   Vacancy    4         12 

Vacancy,  how  filled     5        13 

Bonds  of  5         14    to  16 

Oath  of  office   5        17 

Salary 5        18 

Change    of   salary..     5        19 

Corrupt  practices   ..     5         20 

Corrupt  Practices  ..     8         36 

When    not    eligible      8        35 

Not  to  accept  gratu- 
ity    27  142 

Ordinances    8         43,  54,  57 

Powers    of    City,    Sal- 
ient Features         Page.  Paragraph. 

Assessment    11         16 

Ex  c  e  s  s  Condemna- 
tion    10  3 

Gifts  or  Donations     11         13 

Indebtedness,  Limit- 
ation on  11  14 

Land,     Acquirement 

of    10  9 

Municipal  Utilities     10  8 

Municipal     Utilities, 

Sale    10        10 

Municipal     Utilities, 

Lease  of  10          9 

Public   Utilities    ...   10        11    to  15 

Public  Works  and 
buildings  10  4 

Tax,  Levy  of 11         15 

Bill  Boards    13         24 

Boulevards    15         53 

Buildings,    Reg  ula- 

lation  pf    12         13    to  17 

Business,    Rest  ric- 

tions  upon  certain  13 
Cruelty   to  Animals, 

Regulation     13         30 

Dairies     13         26 

Dogs     13         25 

Engines,  etc.,  Reg- 
ulation of  12  12 

Exhibitions,  etc.,  li- 
censing    14  38 

Explosive  or  Inflam- 
matory Material  ..  12  11  and  12 

Food  Products,  Reg- 
ulation and  In- 
spection    13  29 

Garbage,  etc.,  Col- 
lection and  Dis- 
posal    14  33 

Gambling,  Prohibi- 
tion of  14  38 

Grade  of  streets,  es- 
tablishment ....  14  49 

Health  Regulation 
for  13  27 

Hotels,  etc 14         31 

Immoral     Practices, 

Regulation  of    ...   14         39 

Legislation,    Limiter.    . 

tion  of  ., ::fl.         1\/  J  :. 

Licenses,  Business      14         34  •     •  •' 


Page. 
Nuisances,    t  o    define 

and  abate  12 

Police  and   other  reg- 
ulations        11 

Public     Streets,     Use 

Regulation    13 

Public  Utilities,  Regu- 
lation of   14         37 

Sewer  Connection  ..  15  52 
Regulation  of  Rates  16  59 
Street  Railroads  ...  16  60 
Railroads,  care  of 

street  16        61 

Railroads  and   Spur 

Tracks    16         62 

Telephone,      etc., 

Poles  and  Wire  . .   16         63 
Water  and  Gas  reg- 
ulation       16         64 

Reward,     Apprehen- 
sion of  Criminals    14         47 
Sewers,    Regulation    14        32 
Sew  e  r  s,    Construc- 
tion   and    Regula- 
tion       15 

Sewers,  Districts   . .   15 
Storm     Water     Dis- 
tricts    15         57 

St  r  e  e  t  s,  Improve- 
ment of 15  50 

Streets,    opening    & 

widening     15         51 

Streets,  Lighting   ..15         58 
Trees,     Planting     and 

Care  of   14         48 

Urgent   Necessity 

Fund     14         43 

Vehicles,  Regulation 

of   Public    14         35 

Weeds,  Removal 
from  public  prop- 
erty    13  20 

Weeds,  Removal 
from  private  prop- 
erty    13  21 

Weights  and  Meas- 
ures   14  36 

Report,  Annual  -8         33  and 

Report,  Annual,  Publi- 
cation of 9         58 

Schools 

Present  Organization 

continued    21 

Elections,  voters  of 
entire  district  vote 

at    21         84 

Board  of  Education 
Membership  and 

term  of  office.  .21         85 

Eligibility    21         86 

Management,     un- 
d  e  r      General 

Laws 21 

Meetings  of 21 

Vacancy  in 21 

Superintendent  o  f 
School,  Appoint- 
ment of 21 

Superintendent     o  f 
.    .  Schools,  Duties  of  22 
:  Teachers,  Election 
'./  of 22 


Proposed  New  Charter  for  City  of  Alhambra,  California 

PREPARED  AND  PROPOSED  BY  A  BOARD  OF  FREEHOLDERS  ELECTED 

APRIL    13,    1914,    IN    PURSUANCE    OF   THE    PROVISIONS    OF 

SECTION  8,  ARTICLE  XI,  OF  THE   CONSTITUTION 

OF  THE  STATE   OF  CALIFORNIA 

CHARTER   OF   THE   CITY   OF   ALHAMBRA  PAGE. 

ARTICLE  I              Name  and  rights  of  city.  3 

Boundaries  and  districts  of  the  city.  3 

General  provisions   relating  to  officers.  4 

IV  The   president   of   the    commission.  6 

V  Executive   and   administrative   department  6 

VI  The   commission.  8 

VII  Powers  of  the  city  and  of  the  commissic  10 

VIII  City  auditor  and  ex-officio  city  clerk.  16 

IX  City  attorney.  17 

X  City  treasurer  and  ex-officio  assessor  and  tax  and  license 

collector.  18 

XI  Police   court.  18 

XII  City  manager.  19 

XIII  Police,  fire  and  health  divisions.  20 

XIV  Board  of  education.  21 

XV  Public  library.  22 

XVI  Alcoholic   liquors. 

XVII  Elections.  22 

XVIII  Finance.  24 

XIX  Contracts.  26 

XX  Streets  and  sewers.  27 

XXI  Franchises.  27 

XXII  Recall.  28 
"      •    XXIII  Initiative.  32 

XXIV  Referendum.  33 

XXV  Miscellaneous.  33 

ARTICLE  I. 

NAME  AND  RIGHTS   OF  CITY 

Section  1.  The  municipal  corporation  now  existing  and  known  as  the 
City  of  Alhambra  shall  remain  and  continue  a  body  politic  and  corporate 
in  name  and  in  fact  by  the  name  of  "City  of  Alhambra,"  and  by  such  name 
•hall  have  perpetual  succession. 

Sec.  2.  The  city  of  Alhambra  shall  remain  vested  with  and  continue  to 
have,  hold  and  enjoy  all  property,  rights  of  property  and  rights  of  action 
of  every  nature  and  description  now  pertaining  to  this  municipality,  and  is 
hereby  declared  to  be  the  successor  of  the  same.  It  shall  be  subject  to 
all  the  liabilities  that  now  exist  against  this  municipality. 

ARTICLE  II. 

BOUNDARIES   AND   DISTRICTS   OF   THE   CITY 

Sec.  3.  The  boundaries  of  the  city  of  Alhambra  shall  continue  as  now 
established  until  changed  in  some  manner  authorized  by  law. 

Sec.  4.     For  municipal  purposes  the  city  of  Alhambra  is  hereby  divided 
Into  four  districts,  which  shall  be  designated  respectively,  the  first  district, 
the  second  district,  the  third  district  and  the  fourth  district  and  be  consti- 
\  tuted  and  described  as  follows: 

First  district — All  that  portion  of  the  city  lying  east  of  the  center  line 
of  Wilson  avenue  and  north  of  the  center  line  of  Main  street*. 

Second  district— All  that  portion  of  the  city  lying  east  of  the  center 
line  of  Wilson  avenue  and  south  of  the  center  line  of  Main  street. 

Third  district — All  that  portion  of  the  city  lying  west  of  the  center  line 
of  Wilson  avenue  and  north  of  the  center  line  of  Main  street. 

Fourth  district — All  that  portion  of  the  city  lying  west  of  the  center 
line  of  Wilson  avenue  and  south  of  the  center  line  of  Maito  street. 

Sec.  5.  The  boundary  line  of  any  of  said  districts  may  be  changed  here- 
after by  ordinance  passed  by  a  four-fifths  (4-5)  vote  of  the  commission; 
provided,  that  said  districts  shall  be  kept  as  nearly  equal  in  population  as 
possible;  and  provided  further,  that  except  where  the  city  boundary  is 
changed  either  by  annexation  or  exclusion  of  territory,  such  change  of  dis- 
trict lines  shall  not  be  made  oftener  than  once  in  two  years  nor  within  a 
period  of  ninety  days  prior  to  any  general  municipal  election. 

Sec.  6.  Whenever  any  territory  shall  hereafter  be  annexed  to  the  city 
of  Alhambra,  upon  the  completion  of  such  annexation,  the  commission  shall, 
by  ordinance,  assign  such  annexed  territory  to  one  or  more  districts  contig- 
uous thereto,  so  as  to  retain,  as  nearly  as  possible,  such  equality  of  popu- 
lation. 


2986^5 


ARTICLE  III. 
GENERAL  PROVISIONS  RELATING  TO   OFFICERS 

Sec.  7.  The  elective  officers  of  the  city  of  Alhambra  shall  be  five  commis- 
sioners, one  of  whom  shall  be  elected  as  president  of  the  commission;  a  city 
auditor,  who  shall  be  ex-officio  city  clerk  and  clerk  of  the  board  of  equaliza- 
tion; a  city  treasurer,  who  shall  be  ex-officio  city  assessor  and  city  tax  and  li- 
cense collector;  a  city  attorney,  and  five  members  of  the  board  of  education,  all 
of  whom  shall  be  elected  at  the  general  municipal  election  on  a  general 
ticket  from  the  city  at  large;  provided,  that  all  qualified  electors  of  Alhain- 
bra  city  school  district  shall  also  have  the  right  to  vote  at  such  elections 
for  members  of  the  board  of  education;  and  provided  also,  that  of  the  four 
commissioners,  other  than  the  president  of  the  commission,  one  shall  be 
nominated  by  the  qualified  electors  of  each  district,  of  which  the  commission- 
er so  nominated  must  have  been  a  resident  not  less  than  four  months  pre- 
ceding the  date  of  his  election.  The  office  of  commissioner  of  each  district 
shall  constitute  a  separate  office. 

Sec.  8.  The  chief  appointive  officers  shall  be  as  hereinafter  named,  and 
shall  be  under  the  jurisdiction  of  the  respective  departments  to  which  they 
are  severally  assigned,  to-wit:  city  engineer  and  street  superintendent  here- 
by assigned  to  the  department  of  public  works;  building  inspector,  plumbing 
inspector,  electrical  inspector,  police  judge,  chief  of  police,  chief  of  fire  di- 
vision and  health  officer  hereby  assigned  to  the  department  of  public  safety. 
Each  such  chief  appointive  officer  shall  be  appointed  by  the  head  of  such 
respective  department  to  which  he  is  assigned,  subject  to  confirmation  of 
each  appointment  by  the  commission. 

Sec.  9.  Other  appointive  officers  shall  be  five  library  trustees  hereby 
assigned  to  the  department  of  public  affairs,  to  be  appointed  as  hereinafter 
provided,  and  such  other  officers  as  the  commission  shall  under  this  charter 
have  power  to  create,  which  last  named  officers  shall  be  appointed  by  the 
head  of  the  respective  department  to  which  the  same  shall  be  assigned  by 
the  commission  or  by  this  charter. 

Sec.  10.  The  commission  shall  consist  of  five  commissioners,  each  of 
whom,  including  the  president,  shall  have  a  vote  on  all  questions  -coming 
before  the  commission. 

To  be  eligible  to  the  office  of  commissioner  a  person  must  be  a  qualified 
elector  of  the  city  of  Alhambra  and  shall  have  resided  in  said  city  for  at 
least  three  yjears  next  preceding  the  date  of  his  election  or  appointment. 

To  be  eligible  to  the  office  of  auditor,  treasurer  or  attorney,  a  person 
must  be  a  qualified  elector  of  the  city  of  Alhambra  and  shall  have  resided 
in  said  city  for  at  least  one  year  next  preceding  the  date  of  his  election  or 
appointment. 

Sec.  11.  The  president  of  the  commission,  auditor,  treasurer  and  attorney 
shall  each  hold  office  for  a  term  of  two  years  from  and  after  the  first  day 
of  July  following  their  election  and  until  their  successors  are  respectively 
elected  and  qualified;  provided  that  the  auditor  and  treasurer  elected  at  the 
first  election  held  under  this  charter  shall  hold  office  until  the  first  day  of 
July,  1918, .  and  thereafter  their  successors  shall  hold  office  for  terms  of 
two  years  each.  Members  of  the  commission,  except  the  president  thereof, 
shall  each  hold  office  for  a  term  of  four  years  from  and  after  the  first  day 
of  July  following  their  election  and  until  their  successors  are  elected  and 
qualified;  provided  that  the  commissioner  first  elected  under  this  charter 
from  the  first  district  shall  hold  office  for  one  year,  the  commissioner  first 
elected  under  this  charter  from  the  second  district  shall  hold  office  for  two 
years,  the  commissioner  first  elected  under  this  charter  from  the  third  district 
shall  hold  office  for  three  years  and  the  commissioner  first  elected  under  this 
charter  from  the  fourth  district  shall  hold  office  for  four  years  respectively 
from  the  first  day  of  July  following  such  first  election. 

Sec.  12.  In  case  any  commissioner  shall  change  his  residence  from  the 
district  in  which  he  resided  at  the  time  of  his  election  or  appointment,  his 
office  shall  immediately  become  vacant  and  be  filled  as  directed  in  this 
charter;  provided,  however,  that  in  case  the  boundaries  of  any  district  are 
changed,  no  commissioner  whose  residence  is  thereby  included  within  a  dif- 
ferent district  from  that  in  which  he  resided  at  the  time  of  his  election  or 
appointment  shall  lose  his  office  by  reason  of  such  change,  and  provided  also, 
that  the  president  of  the  commission  shall  not  forfeit  his  office  by  reason  of 
any  change  of  his  residence  within  the  city  limits. 

An  elective  office  becomes  vacant  when  the  incumbent  thereof  fails  to 
qualify  within  ten  days  from  the  time  he  receives  his  certificate  of  election 
or  appointment,  dies,  resigns,  is  removed  from  office,  is  adjudged  incompe- 
tent, convicted  of  a  felony,  or  of  an  offense  involving  a  violation  of  his  offi- 
cial duties  or  forfeits  his  office  under  any  provision  of  this  charter,  or  ceases 
to  be  a  resident  of  the  city  or  district  as  required  by  the  preceding  paragraph 
of  this  section;  or  shall  have  been  absent  from  the  city  without  leave  of 
the  commission,  for  more  than  thirty  consecutive  days  or,  if  a  member  of 
the  commission  or  a  board,  fails  to  attend  the  meetings  of  the  commission 


or  board  of  which  he  is  a  member  for  a  like  period,  without  being  excused 
therefrom  by  the  commission,  or,  if  any  other  officer  than  a  member  of  the 
commission  or  a  board,  shall  absent  himself  from  his  office  for  more  than 
fifteen  days  consecutively,  without  such  leave. 

Sec.  13.  If  a  vacancy  shall  occur  in  the  office  of  commissioner,  auditor, 
treasurer  or  city  attorney,  the  commission  shall  appoint  a  person  to  fill  such 
vacancy,  but  such  appointee,  if  a  commissioner  other  than  the  president 
thereof,  must  be  a  resident  and  qualified  elector  of  the  district  in  which  the 
former  commissioner  resided  at  the  time  of  his  election  or  appointment,  and 
such  appointee  shall  hold  office,  subject  to  the  provisions  of  this  charter, 
only  until  the  next  general  municipal  election. 

Sec.  14.  Officers  and  employees  of  the  city  before  entering  upon  the  dis- 
charge of  their  official  duties,  shall  give  and  execute  to  the  city  such  official 
bonds  as  may  be  required  by  general  law,  this  charter,  or  ordinance.  All 
such  official  bonds  must  be  given  by  some  lawfully  authorized  and  approved 
surety  company,  and  the  city  shall  pay  the  premium  therefor;  provided,  that 
the  premium  paid  shall  not  exceed  one-half  of  one  per  cent,  per  annum; 
and  provided,  further,  that  if  the  commission  deems  the  premium  charge 
to  be  excessive,  then,  in  that  event,  the  commission  may  accept  bonds,  with 
approved  personal  sureties. 

Sec.  15.  Every  bond  shall  contain  the  condition  that  the  principal  will 
well,  truly,  honestly  and  faithfully  perform  the  duties  of  his  office,  and  all 
bonds  must  be  approved  by  the  commission,  after  first  being  approved  as 
to  form  by  the  city  attorney. 

Approval  of  such  official  bond  must  be  endorsed  thereon  and  signed  by 
the  officers  approving  the  same.  Each  bond,  when  so  approved,  shall  be 
filed  with  the  auditor,  except  the  bond  of  the  auditor,  which  shall  be  Hied 
with  the  president  of  the  commission.  All  provisions  of  any  law  of  this 
state,  relating  to  official  bonds,  not  inconsistent  with  this  charter,  shall  be 
complied  with. 

Sec.  16.  The  commission  may  at  any  time,  by  ordinance,  change  the 
penal  sum  of  any  official  bond. 

Sec.  17.  Every  officer  of  the  city,  before  entering  upon  the  duties  of 
his  office,  shall  take  the  oath  of  office,  as  provided  for  in  the  constitution  of 
this  state,  and  shall  file  the  same  with  the  city  clerk. 

Sec.  18.  Each  commissioner  shall  receive  an  annual  salary  of  $300.00, 
payable  in  equal  monthly  installments.  Except  where  such  power  to  fix  is 
otherwise  given  by  this  charter,  the  commission  shall  fix,  by  ordinance,  the 
salary  of  all  other  officers  herein  created  or  hereafter  created  by  ordinance 
whose  salaries  are  not  herein  fixed  or  otherwise  provided  for. 

Sec.  19.  The  salary  of  an  elective  officer  may  be  changed  by  ordinance 
of  the  commission,  but  such  ordinance  must  be  adopted  at  least  ninety 
days  previous  to  an  election  at  which  an  incumbent  of  such  office  is  to  be 
elected  and  shall  not  take  effect  until  such  incumbent  takes  office  after 
such  election. 

Sec.  20.  Whoever,  being  a  city  officer  or  being  in  nomination  for,  or  while 
seeking  nomination  or  appointment  for  any  city  office,  shall  use  or  promise 
to  use,  whether  directly  or  indirectly,  any  official  authority  or  influence, 
whether  then  possessed  or  merely  anticipated,  to  aid  any  other  person  to 
secure  any  office  or  appointment  in  the  service  of  the  city  or  any  nomination 
or  increase  of  salary,  upon  the  condition  that  his  vote  or  political  influence 
shall  be  given  or  used  in  behalf  of  any  candidate,  officer  or  political  party 
or  association,  or  upon  any  corrupt  condition,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  every  person  found  guilty  of  such  misdemeanor,  as  afore- 
said shall,  upon  conviction  thereof,  be  liable  to  be  punished  by  a  fine  of  not 
less  than  one  hundred  dollars  or  more  than  five  hundred  dollars,  or  to  be 
imprisoned  not  less  than  ten  days  or  more  than  six  months,  or  to  both  said 
fine  and  said  imprisonment  in  the  discretion  of  the  court.  If  the  person 
convicted  be  a  public  officer,  he  shall,  in  addition  to  any  other  punishment 
imposed,  be  deprived  of  his  office  and  be  forever  debarred  and  disqualified 
from  holding  any  position  in  the  service  of  the  city. 

Sec.  21.  No  officer  or  employee  of  the  city  shall  become  a  party  worker 
or  solicitor  in  any  city  election,  except  in  his  own  behalf.  A  violation  of  any 
of  the  provisions  of  this  section  shall  be  sufficient  cause  for  his  removal 
from  office. 

Sec.  22.  All  officers  and  members  of  the  commission  or  any  board  pro- 
vided for  in  this  charter  shall  have  power  to  administer  oaths  and  affirma- 
tions, and  every  such  officer,  commission  or  board  shall  have  power  to  issue 
subpoenas,  to  compel  by  subpoena  attendance  of  witnesses,  production  of 
books,  papers  and  documents,  and  take  and  hear  testimony  concerning  any 
matter  or  thing  pending  before  such  officer,  commission  or  board.  If  any 
person  so  subpoenaed  neglect  or  refuse  to  appear,  or  to  produce  any  book, 
paper  or  document  as  required  by  such  subpoena,  or  shall  refuse  to  testify 
before  any  such  officer,  commission  or  board  or  to  answer  any  question  which 
any  officer,  or  a  majority  of  such  commission  or  board  shall  decide  to  be 


proper  and  pertinent,  he  shall  be  deemed  in  contempt,  and  any  such  officer, 
commission  or  board  shall  have  power  to  take  the  proceedings  in  that  behalf 
provided  by  the  general  laws  of  this  state.  The  chief  of  police  must,  on  re- 
quest of  such  officer,  or  of  any  member  of  such  commission  or  board  serve 
such  subpoena  or  cause  the  same  to  be  served. 

ARTICLE  IV. 
THE   PRESIDENT    OF   THE    COMMISSION 

Sec.  23.  The  president  of  the  commission  shall  see  that  all  city  ordi- 
nances are  duly  enforced.  He  shall,  subject  to  the  provisions  of  this  char- 
ter, be  charged  with  the  general  oversight  of  the  several  departments  of  the 
municipal  government,  and  shall  see  that  all  contracts  made  with  the  city 
are  faithfully  performed.  ^ 

The  president  shall  be  the  presiding  officer  of  the  commission.  He  may 
call  special  meetings  of  the  commission,  and  must  do  so  upon  request  in 
writing  of  a  majority  of  its  members.  He  shall  sign  the  minutes  of  each  of 
its  meetings  after  they  have  been  entered  in  the  journal  by  the  city  clerk 
and  approved  by  the  commission,  and  he  shall  have  the  right  to  be  present 
at  the  meetings  of  all  of  its  standing  and  special  committees;  he  shall  sign 
all  conveyances  made  by  the  city  and  all  contracts  to  which  it  is  a  party, 
•except  as  otherwise  herein  provided,  and  shall  acknowledge  execution  of  all 
instruments  executed  by  the  city  which  require  acknowledgment. 

Sec.  24.  During  the  temporary  absence  or  disability  of  the  president, 
the  vice-president  of  the  commission  shall  act  as  president  pro  tempore.  In- 
case of  the  temporary  absence  or  disability  of  both  the  president  and  vice- 
president,  the  commission  shall  elect  one  of  its  members  to  be  president 
pro  tempore.  In  case  of  vacancy  in  the  office  of  the  president,  the  vice- 
president  of  the  commission  shall  act  as  president  until  such  vacancy  can 
•be  filled  as  provided  in  this  charter. 

Sec.  25.  The  president  shall  annually  and  from  time  to  time  give  the 
•commission  information  relative  to  the  affairs  of  the  city,  and  recommend 
to  its  consideration  such  matters  as  he  may  deem  expedient. 

Sec.  26.  The  president  shall  keep  himself  fully  informed  as  to  the  com- 
pliance by  all  public  utility  companies  in  all  respects  with  law  or  ordinance, 
and  he  shall  see  that  all  provisions  of  all  franchises,  permits  and  privileges 
granted  by  the  city  are  faithfully  observed. 

The  president  or  the  commission  may,  and,  on  written  request  of  the 
city  manager,  the  commission  shall  cause  to  be  instituted  on  behalf  of  the 
city,  such  actions  or  proceedings  as  may  be  necessary  to  prosecute  persons, 
firms  or  corporations  owning,  controlling  or  operating  public  utilities,  for 
violations  of  law  or  ordinances,  and  as  may  be  necessary  to  revoke,  cancel, 
annual  or  regulate  the  exercise  of  any  franchises,  permits  or  privileges  that 
may  have  been  granted  by  the  city  to  any  person,  firm  or  corporation,  which 
have  become  forfeitable  in  whole  or  in  part  or  which  for  any  reason  are  il- 
legal or  void  or  voidable  or  negligently  exercised.  The  city  attorney,  on 
direction  of  the  president  or  of  the  commission,  must  institute  and  prosecute 
the  necessary  actions  to  enforce  the  provisions  of  this  section. 

Sec.  27.  The  president  shall  exercise  such  other  powers  and  perform 
such  other  duties  as  may  be  prescribed  by  law  or  ordinance. 

ARTICLE  V. 
"EXECUTIVE  AND  ADMINISTRATIVE  DEPARTMENTS 

Sec.  28.  The  executive  and  administrative  powers,  authority  and  duties 
of  the  city,  not  otherwise  provided  for,  shall  be  distributed  among  and  as- 
signed to  five  departments  as  follows: 

1.  Department  of  public  affairs. 

2.  Department  of  finance. 

.3.     Department  of  public  works. 

4.  Department  of  public  safety. 

5.  Department  of  supplies. 

and  the  department  of  public  affairs  shall  be  under  the  supervision  of 
the  president  of  the  commission,  subject  to  the  provisions  of  this  charter, 
and  each  of  the  other  departments  shall  be  under  the  supervision  of  one  of 
the  other  commissioners,  according  and  subject  to  the  provisions  of  this 
charter. 

Sec.  29.  The  commission,  at  its  first  meeting  in  July  of  each  year,  or 
;within  ten  days  thereafter,  shall  designate  and  assign  by  a  majority  vote, 
one  commissioner  to  be  commissioner  of  the  department  of  finance;  one 
to  be  commissioner  of  the  department  of  public  works;  one  to  be  commis- 
sioner of  the  department  of  public  safety,  and  one  to  be  commissioner  of 
the  department  of  supplies.  If  within  ten  days  after  such  meeting,  the  com- 
mission is  so' unable  to  agree  On  any  such  assignment,  then  the  president 
shall  have  the  authority  to,  and  shall  make  such  designation  and  assignment. 
Upon  such  assignment,  each  commissioner  shall  immediately  assume  super- 
vision over  the  department  to  which  he  is  assigned.  The  commission  may 
change  such  designation  and  assignment  by  ordinance  whenever  it  may 
deem  such  change  for  the  benefit  of  the  public  service.  Each  commissioner, 
including  the  president,  during  any  vacancy  in  the  office  of  city  manager, 


as  in  this  charter  provided,  shall  take  the  active  management  and  control 
of  the  affairs  of  his  respective  department  and  be  vested  with  all  powers 
and  perform  all  duties  of  city  manager  as  to  such  respective  department, 
but  immediately  upon  the  induction  into  office  of  such  city  manager,  all 
management,  control  and  exercise  of  power  and  duties  vested  in  and  held 
by  such  commissioner  during  such  vacancy  shall  cease  and  the  same  and  all 
thereof  shall  be  vested  in'  and  exercised  by  said  city  manager,  subject  to 
the  provisions  of  this  charter,  and  such  commissioner  shall  then  act  only 
in  an  advisory  capacity  in  all  matters  arising  in  his  respective  department 
(except  where  such  matters  are  herein  excepted  from  the  supervision  and 
control  of  the  city  manager),  and  each  commissioner  shall  keep  himself  in- 
formed of  all  conditions  of  such  respective  department  and  report  the  same 
to  the  commission. 

Sec.  30.  Of  such  powers,  authority  and  duties  of  the  city,  there  are 
hereby  distributed  among  and  assigned  to  such  respective  departments,  as 
follows : 

Department  of  public  affairs  shall  have  charge  and  supervision  of: 

1.  The  relations  of  the  city  with  the  government  of  the  United  States, 
and  states  of  the  union,  counties  and  other  municipalities. 

2.  All  civic  functions,  celebrations,  receptions  and  courtesies. 

3.  All   matters  pertaining  to  the   public  library. 

The  above  powers,  authority  and  duties,  assigned  to  the  department  of 
public  affairs  shall  not  be  subject  to  the  supervision  and  control  of  the  city 
manager. 

4.  Construction  and  operation   of  all  public  utilities   other  than  those 
owned  or  operated  by  the  city. 

Department  of  finance  shall  have  charge  and  supervision  of: 
1.     All  financial  matters  of  the  city,   except  as   otherwise  provided   by 
this  charter. 

Department  of  public  works  shall  have  charge  and  supervision  of: 

1.  All  parks,  playgrounds  and  public  buildings  and  grounds  other  than 
school  buildings  and  grounds. 

2.  All  public  streets,  highways,   alleys  and   other  public   places,   other 
than  school  grounds,  including  all  construction  therein  or  thereon  and  im- 
provements thereof. 

3.  All  municipally  owned  or  operated  public  utilities. 

Such  supervision  shall  include  supervision  of  all  construction,  main- 
tenance, repair  and  operation. 

Department  of  public   safety  shall  have   charge  and   supervision  of: 

1.  Enforcement  of  all  police,  health,  safety  and  sanitary  ordinances  and 
regulations. 

2.  The  police,  fire  and  health  divisions. 

3.  Construction   and   maintenance   of  all   works   necessary  for  the   dis- 
position or  destruction  of  garbage,  the  disposition  and  treatment  of  sewage 
and  refuse  matter. 

4.  The  public  pound. 

Department  of  supplies  shall  have  charge  and  supervision  of: 

1.  The  purchasing  of  all  supplies  and  materials  used  in  or  required  by 
the  several  departments  of  the  city,  subject  to  the  limitations  prescribed  by 
this  charter,  and  to  the  general  laws  of  the  state  of  California. 

All  of  the  powers,  authority  and  duties  of  the  city  hereby  or  hereafter 
assigned  to  the  several  departments  of  the  city,  except  as  in  this  section 
specified  and  except  as  otherwise  provided  for,  shall  be  under  the  super- 
vision and  control  of  the  city  manager. 

The  commission  shall,  by  ordinance,  assign  to  the  several  departments, 
and  may  change  such  assignment  of,  any  of  the  powers,  authority  and 
duties  of  the  city  not  by  this  charter  distributed  or  assigned,  but  no  such 
assignment  or  change  shall  operate  to  take  the  same  or  any  thereof  from 
the  supervision  or  control  of  the  city  manager,  except  where* so  specifically 
provided  by  this  charter. 

Except  by  this  charter  or  otherwise  provided,  the  commission  shall  have 
power  by  ordinance  to  create  such  offices,  and  employments  other  than 
those  provided  by  this  charter  and  prescribe  the  duties  thereof  as  they  may 
deem  necessary,  and  when  created  shall  assign  the  same  to  some  depart- 
ment; shall  prescribe  the  powers  and  duties  of  all  officers  and  employees; 
upon  request  of  the  city  manager  may  assign  particular  officers  and  em- 
ployees to  one  or  more  departments  and  require  the  performance  by  such 
officer  or  employee  of  duties  in  such  departments,  and  upon  like  request, 
may  by  ordinance  consolidate  and  place  in  charge  of  one  officer  the  functions 
and  duties  of  two  or  more  of  such  officers;  and  make  such  other  rules  and 
regulations  as  may  be  necessary  or  proper  for  the  efficient  and  economical 
conduct  of  the  business  of  the  city. 

Sec.  31.  If  a  vacancy  shall  occur  in  the  office  of  commissioner,  other 
than  president,  then  the  president,  during  such  vacancy,  shall  be  commis- 

r? 


sioner  of  the  department  of  which  such  commissioner,  whose  office  so  be- 
comes vacant,  was  commissioner. 

Sec.  32.  The  commission  shall  employ,  for  a  stipulated  compensation, 
a  competent  public  accountant  who  shall  examine,  at  least  once  each  year, 
the  books,  records  and  reports  of  all  officers  and  employees  who  receive  or 
disburse  city  moneys;  and  the  books,  records  and  reports  of  such  officers, 
boards  and  departments  as  the  commission  may  direct,  and  make  duplicate 
reports  of  such  examination  and  file  one  with  the  president  of  the  commission 
and  the  other  with  the  city  clerk.  One  of  said  yearly  examinations  shall  be 
made  and  completed  just  prior  to  the  expiration  of  each  fiscal  year.  Such 
accountant  shall  have  unlimited  privilege  of  investigation,  to  examine  under 
oath  or  otherwise,  all  officers,  clerks  and  employees  of  the  city,  and  every 
such  officer,  clerk  and  employee  shall  give  all  required  assistance  and  in- 
formation to  such  accountant,  and  submit  to  him  for  examination  such  books 
and  papers  of  his  office  as  may  be  requested,  and  failure  to  do  so  shall  be 
deemed  and  held  to  be  a  forfeiture  and  abandonment  of  his  office. 

Sec.  33.  Each  department  and  board  shall  annually,  on  such  date  as 
may  be  fixed  by  the  commission,  render  to  the  president  of  the  commission 
a  full  report  of  all  the  operations  of  such  department  or  board  for  the  year. 

Sec.  34.  The  commission  may  provide  for  the  publication,  in  pamphlet 
form  or  otherwise,  of  the  annual  reports  of  the  president  of  the  commission 
and  of  the  several  departments  and  boards. 

Sec.  35.  Except  the  commissioner  of  the  department  of  supplies,  who 
may  be  purchasing  agent  of  the  city,  no  member  of  the  commission  shall 
hold  at  the  same  time  any  other  municipal  office,  the  compensation  of  which 
is  paid  out  of  the  municipal  moneys;  or  be  elected  or  appointed  to  any  office 
created  or  the  compensation  of  which  is  increased  by  the  commission  while 
he  was  a  member  thereof,  until  one  year  after  the  expiration  of  the  term 
for  which  he  was  elected. 

Sec.  36.  No  commissioner  or  other  city  officer  shall  be  interested,  di- 
rectly or  indirectly,  in  any  contract  to  which  the  city  is  a  party,  or  made 
by  any  officer  of  the  city  in  its  behalf.  Any  violation  of  this  section  shall 
be  a  misdemeanor,  and  upon  conviction  thereof,  besides  the  penalties  that 
may  be  imposed  by  a  court  of  competent  jurisdiction,  the  commission  shall 
declare  the  office  vacant,  and  any  person  convicted  of  a  violation  of  this 
section  shall  be  forever  disqualified  from  holding  any  office  under  this  char- 
ter. Nor  shall  any  officer  of  the  city  be  a  surety  on  any  bond  given  to  the 
city,  or  to  any  person  for  the  benefit  of  the  city. 

ARTICLE  VI. 
THE  COMMISSION  ' 

Sec.  37.  All  powers  herein  granted  to  and  vested  in  the  city  of  Alham- 
bra  shall,  except  as  otherwise  provided,  be  exercised  by  a  commission  to 
be  designated  the  commission  of  the  city  of  Alhambra.  Said  commission 
shall  be  the  governing  body  of  the  city,  and,  subject  to  the  express  limita- 
tions of  this  charter,  shall  be  vested  with  all  powers  of  legislation  in  munic- 
ipal affairs  adequate  to  a  complete  system  of  local  government  consistent 
with  the  constitution  of  the  state,  which  power  shall  be  exercised  by  ordi- 
nance, except  when  otherwise  provided  by  law. 

Sec.  38.  The  president  of  the  commission  shall  preside  at  its  meetings. 
The  commission  shall  elect  one  of  its  number  to  be  vice-president. 

Sec.  39.  The  commission  shall,  by  ordinance,  provide  for  the  time  and 
place  of  holding  its  meetings  and  the  manner  in  which  its  special  meetings 
may  be  called. 

Sec.  40.  All  legislative  sessions  of  the  commission,  whether  regular  or 
special,  shall  be  open  to  the  public. 

Sec.  41.  A  majority  of  the  commission  shall  constitute  a  quorum  for  the 
:  transaction  of  business,  but  a  less  number  may  adjourn  from  time  to  time. 

Sec.  42.     The  commission  shall  judge  the  qualifications  of  its  members 

and  of  all  election  returns  and  determine  contested  elections  of  all  city  of- 

\  ficers,  and  shall  also  determine  its  own  rules  of  procedure,  may  punish  its 

.  members  for  disorderly  conduct  and  compel  their  attendance  at  any  meeting. 

Sec.  43.  The  commission  shall  act  in  legislative  matters  only  by  ordi- 
nance or  resolution;  other  action  of  the  commission  may  be  by  resolution 
or  order  upon  motion. 

Sec.  44.  The  ayes  and  noes  shall  be  taken  upon  the  passage  of  all 
ordinances  and  resolutions;  on  final  action  upon  appointment  or  removal  of 
officers,  making  of  contracts,  ordering  supplies  furnished,  disposing  of  city 
property,  or  incurring  of  a  debt  by  the  city,  and  the  record  thereof  entered 
upon  the  journal  of  proceedings  of  the  commission.  Upon  the  request  of 
any  member,  the  ayes  and  noes  shall  be  taken  and  recorded  on  any  vote. 
Every  member,  when  present,  must  vote. 

Sec.  45.  No  ordinance  or  resolution  shall  be  passed  or  become  effective 
without  receiving  the  affirmative  votes  of  at  least  three  members  of  the 
commission. 

Sec.  46.    Every  ordinance  shall  be  preceded  by  a  brief  title  which  shall 


indicate  the  subject  and  purpose  thereof. 

Sec.  47.  The  enacting  clause  of  all  ordinances  adopted  by  the  commis- 
sion shall  be,  "The  commission  of  the  city  of  Alhambra  do  ordain  as  follows:", 
and  the  enacting  clause  of  all  ordinances  adopted  in  accordance  with  the 
provisions  of  Article  XXIII  shall  be,  "The  people  of  the  city  of  Alhambra 
do  ordain  as  follows:". 

Sec.  48.  No  ordinance  for  any  purpose  shall  be  passed  by  the  commission 
on  the  day  of  its  introduction,  nor  within  five  days  thereafter,  nor  at  any 
other  than  a  regular  or  an  adjourned  regular  meeting. 

No  resolution  or  order  for  the  payment  of  money  shall  be  passed  at  any 
other  time  than  at  a  regular  meeting  or  an  adjourned  regular  meeting. 

No  resolution  or  ordinance  granting  any  franchise  shall  be  put  upon  its 
final  passage  within  thirty  days  after  its  introduction,  and  no  franchise  shall 
be  renewed  before  one  year  prior  to  its  expiration. 

Sec.  49.  No  action  providing  for  any  specific  improvement  or  the  ap- 
propriation or  expenditure  of  any  public  money,  except  a  sum  not  exceeding 
one  thousand  dollars;  for  the  appropriation,  acquisition,  sale  or  lease  of 
public  property;  for  levying  any  tax  or  assessment;  granting  any  franchise; 
for  establishing  or  changing  fire  limits  or  districts,  or  for  imposing  any  pen- 
alty, shall  be  taken  except  by  ordinance,  except  in  cases  where  the  commis- 
sion takes  action  in  pursuance  of  a  general  law  of  the  state. 

Sec.  50.  When  any  ordinance  is  put  upon  its  final  passage  and  fails  to 
pass,  and  a  motion  is  made  to  reconsider,  the  vote  upon  such  motion  shall 
not  be  taken  unless  by  unanimous  consent  of  all  the  commission  or  at  a 
meeting  of  the  commission,  held  not  less  than  one  week  after  the  meeting 
at  which  such  motion  was  made. 

Sec.  51.  All  resolutions  and  ordinances  shall  be  signed  by  the  president 
of  the  commission  and  attested  by  the  city  clerk  and  before  taking  effect,  all 
ordinances  shajl  be  published  at  least  once  in  a  newspaper  published  in  said 
city,  or  posted  in  at  least  three  public  places  therein  for  a  period  of  ten  days. 

Sec.  52.  No  ordinance  shall  be  revised,  re-enacted  or  amended  by  ref- 
erence to  its  title  only;  but  the  revised  ordinance  or  the  amended  section 
or  sections  thereof,  or  the  new  section  or  sections  to  be  added  thereto,  shall 
be  set  forth  and  adopted  in  the  method  provided  in  this  article  for  the 
adoption  of  ordinances. 

Sec.  53.  No  ordinance  or  section  thereof  shall  be  repealed  except  by 
ordinance  adopted  in  the  manner  provided  in  this  article. 

Sec.  54.  A"  true  and  correct  copy  of  all  ordinances  shall  be  kept  and 
certified  to  by  the  city  clerk  in  a  book  marked  "City  Ordinances."  Such 
record  copy,  with  such  certificate,  or  the  original  ordinance  shall  be  prima 
facie  evidence  of  the  contents  of  the  ordinance  and  of  the  due  passage  and 
publication  or  posting  of  the  same,  and  shall  be  admissable  as  such  in  any 
court  or  proceeding.  Such  records  shall  not  be  filed  in  any  case,  but  shall 
be  returned  to  the  custody  of  the  city  clerk.  Nothing  herein  contained  shall 
be  construed  to  prevent  the  proof  of  the  passage  and  publication  or  posting 
of  an  ordinance  in  the  usual  way. 

Sec.  55.  No  final  action  shall  be  taken  in  any  matter  concerning  the 
department  assigned  to  any  absent  commissioner  unless  such  business  has 
been  made  a  special  order  of  the  meeting  by  action  at  a  previous  meeting 
of  the  commission,  or  such  action  is  taken  at  a  regular  meeting  of  the  com- 
mission. 

Sec.  56.  The  commission  shall  not  create,  audit,  allow  or  permit  to  accrue 
any  debt  or  liability  in  excess  of  the  available  money  in  the  treasury  that 
may  be  legally  apportioned  and  appropriated  for  such  purpose,  except  in 
the  manner  provided  in  this  charter,  for  incurring  indebtedness.  '  No  warrant 
shall  be  drawn  or  evidence  of  indebtedness  be  issued  unless  there  is  at  the 
time  sufficient  money  in  the  treasury  legally  applicable  to  the  payment  of 
the  same,  except  as  in  this  charter  provided. 

Sec.  57.  The  commission  shall  cause  all  ordinances  to  be  properly  class- 
ified and  indexed  and  kept  at  the  city  hall,  in  a  form  readily  accessible  to  all 
persons  interested  therein,  and  may  from  time  to  time  cause  the  charter  of 
the  city  and  the  ordinances  in  force,  either  together  or  separately,  to  be 
published  in  book  form. 

Sec.  58.  The  commission  shall  cause  to  be  prepared  and  published 
within  thirty  days  after  the*end  of  each  fiscal  year,  a  report  showing  the 
financial  transactions  and  financial  condition  of  the  city  for  such  year. 

Sec.  58a.  The  commission  shall  from  time  to  time  provide  for  the  ap- 
pointment of  such  deputies  as  may  be  necessary  in  the  offices  of  the  city 
auditor,  city  treasurer  and  city  attorney,  and  fix  their  compensation.  Except 
as  otherwise  provided  by  law,  ordinance,  or  this  charter,  any  such  deputy 
shall  have  and  exercise  in  the  name  of  his  principal,  all  of  the  powers  of 
such  principal,  including  those  exercised  by  the  principal  in  any  ex-offlcio 
capacity;  and  shall  be  appointed  by  said  principal,  subject  to  the  approval 
of  the  city  manager  and  thereafter  of  the  commission. 


ARTICLE  VII.        POWERS  OF  THE  CITY  AND  OF  THE  COMMISSION 

Sec.  59.  The  city  of  Alhambra,  in  addition  to  any  other  powers  now 
held  by  or  that  may  hereafter  be  granted  to  it  under  the  constitution  or 
laws  of  the  state,  shall  have  the  right  and  power — 

1.  To  have  perpetual  succession. 

2.  To  exercise  the  right  of  eminent  domain  for  the  purpose  of  acquiring 
real  or  personal  property  of  every  kind  for  public  use. 

3.  To  acquire  private  property  by  excess  condemnation  when  the  same 
shall  be  permitted  by  the  constitution  or  laws  of  the  state. 

4.  To  erect  and  maintain  buildings  for  municipal  purposes,  and  provide 
by  purchase,  lease,  condemnation,  construction  or  otherwise,  and  to  estab- 
lish, own,  equip,  maintain,  conduct  and  operate  libraries,  reading  rooms,  art 
galleries,    assembly     halls,     museums,    schools,   kindergartens,   parks,   play- 
grounds, gymnasiums,  places  of  recreation,  baths,  public  toilets  and  comfort 
stations,   markets,   market   houses,   abattoirs,    dairies,    municipal    tenements, 
dispensaries,   infirmaries,   hospitals,   charitable   institutions,   jails,   houses   of 
correction  and  farm  schools,  work  houses,  detention  homes,  morgues,  ceme- 
teries, crematories,  garbage  collection,  garbage  disposal  and  garbage  reduc- 
tion works,  street  cleaning,  street  paving  and  sprinkling  plants,  quarries,  and 
any  and  all  buildings,  establishments,  institutions  and  places,  whether  situ- 
ated inside  or  outside  of  the  city  limits,  which  are  necessary  or  convenient 
for  the  transaction  of  public  business,  or  for  promoting  the  health,  morals, 
education  or  welfare  of  the  inhabitants  of  the  city  or  for  their  benefit. 

5.  To  acquire  by  purchase,  condemnation  or  otherwise,  and  to  establish, 
maintain,  equip,  own  and  operate  water  works,  gas  works,  electric  light,  heat 
and  power  works,  or  any  other  works  for  the  production  of  a  public  utility, 
within  or  without  the  city,  and  to  supply  therefrom  or  purchase  and  supply 
the  city  and  its  inhabitants  and  also  persons,  firms  and  corporations  outside 
the  city,  with  water,  gas  and  electricity,  and  the  product  of  any  other  public 
Utility. 

6.  To  acquire  by  purchase,  lease,  condemnation,  construction  or  other- 
wise, and  to  establish,  own,  equip,  maintain  and  operate  telephone  and  tele- 
graph systems,  cable,  electric,  steam,  or  other  railways,  and  transportation 
service  of  any  kind  within  or  without  the  city. 

7.  To  acquire  by  purchase,  condemnation,  construction,  lease  or  other- 
wise,  and   to   establish,   maintain,   equip   and   operate   tunnels   and   conduits 
through  or  under  any  street,  right  of  way  or  any  public  property,  for  carry- 
ing wires,  pipes  or  other  means  of  conduct  for  public  utilities,  and  to  use  or 
lease  or  rent  to  persons  the  use  of  such  tunnels  and  conduits;  provided,  how- 
ever, that  the  exclusive  use  of  any  tunnel  or  conduit  shall  never  be  leased 
or  rented  to  any  one  person,  firm  or  corporation. 

8.  To  sell,  within  or  without  the  city,  gas,  water,  electric  current  and 
any  form  of  light,  heat  or  power  and  all  products  of,  or  service  by,  any  pub- 
lic utility  conducted  or  operated  by  the  city. 

9.  To  acquire  by  purchase,  condemnation  or  otherwise,  such  lands  or 
other  property  within  or  without  the  city,  as  may  be  necessary  or  convenient 
for  the  establishment,  maintenance  and  operation  of  any  public  utility  or  to 
provide  for  and  effectuate  any  other  public  purpose,  and  to  hold,  use,  im- 
prove, operate,  control,  lease,  convey  or  otherwise  dispose  of  the  same  for 
the  benefit  of  the  city. 

10.  To  lease  to  persons,  firms  or  corporations  for  the  purpose  of  main- 
tenance, operation  or  use,  any  public  utility  owned  or  controlled  by  the  city, 
and  to  provide  for  the  leasing  of  any  lands  now  or  hereafter  owned  by  the 
city,  except  lands  donated,  purchased  or  used  as  public  parks,  provided  that 
any  such  lease  shall  be,  made  only  by  ordinance  to  the  highest  bidder,  for 
a  term  not  exceeding  ten  years,  and  provided  further,  that  the  commission 
may,  at  its  discretion,  reject  any  and  all  bids. 

11.  To  join  with  one  or  more  other  municipal  or  public  corporations  for 
the  purpose  of  the  acquisition,  development,  construction  and  joint  owner- 
ship, operation,  control  or  use,  whether  within  or  without,  or  partly  within 
and  partly  without  the  city  limits,  of  parks  and  public  utilities  of  every  kind, 
Including  a  source  or  sources  of  water  supply,  water,  or  the  use  of  water; 
works,  property  or  appliances  for  the  disposition  or  destruction  of  garbage, 
the  disposition  and  treatment  of  sewage  or  refuse  matter,  or  the  disposition 
of  storm  water,  upon  the  terms  and  conditions  and  to  the  extent  provided 
by  general  law  or  by  ordinance;  to  enter  into  contracts  or  agreements  of  any 
nature  with  persons,  firms  or  corporations,  to  effectuate  the  purposes  hereof; 
to  incur  bonded  indebtedness  for  any  of  such  purposes,  provided  that  the  city 
shall  not  so  join  for  any  of  such  purposes  without  the  assent  of  a  majority 
of  the  qualified  electors  of  the  city  voting  on  the  question  at  a  general  or 
special  election  at  which  such  question  shall  be  submitted. 

12.  To  acquire  by  purchase  or  lease  from   any  municipal   corporation 
contiguous  thereto,  water  or  the  use  of  water,  electricity  or  the  use  of  elec- 
tricity for  light,  heat,  or  power,  upon  such  terms  and  conditions,  for  such 
compensation  and  during  such  period  of  time  as  is  now  or  may  hereafter 


be  prescribed  by  charters  or  laws  then  in  force;  to  enter  into  contracts  or 
agreements  of  any  nature  to  effectuate  the  acquisition  of  or  right  to  use 
water  or  electricity  for  any  of  said  purposes,  and  the  distribution,  sale  or 
disposal  of  such  water  or  electricity;  to  acquire  or  construct,  equip,  main- 
tain, operate  and  use  a  distributing  system  and  works  necessary  to  supply 
therefrom  the  city  and  its  inhabitants  and  also  persons,  firms  and  corpora- 
tions outside  the  city  with  water  or  electricity  for  light,  heat  or  power;  and 
to  incur  bonded  indebtedness  for  any  of  said  purposes. 

13.  To  receive  bequests,  gifts  and  donations  of  lands  in  fee  simple,  in 
trust,  or  otherwise,  and  of  all  other  kinds  of  property,  for  charitable  or  other 
uses,  and  to  manage,  sell,  lease  or  otherwise  dispose  of  the  same  absolutely 
or  in  accordance  with  the  terms  of  such  bequest,  gift,  donation  or  trust,  and 
to  do  whatever  may  be  necessary  to  fulfill  the  purpose  thereof. 
»  14.  To  create,  subject  to  the  restrictions  and  limitations  of  the  consti- 
tution and  general  laws  of  the  State  of  California  and  of  this  charter,  indebt- 
edness not  to  exceed  in  all  fifteen  per  cent,  of  the  assessed  valuation  of  all 
the  real  and  personal  property  of  the  city,  to  pay  the  costs  of  municipal  im- 
provements, the  acquisition  of  public  utilities,  or  for  any  lawful  purpose 
whatever,  requiring  an  expenditure  greater  than  the  amount  which  can  be 
appropriated  for  such  purpose  out  of  the  annual  tax  levy. 

15.  To  levy  and  collect  taxes  upon  all  property  subject  to  taxation,  for 
municipal  purposes,  subject  to  the  provisions   of  this   charter,  and  to  levy 
taxes  exceeding  the  limit  fixed  by  this  charter,  provided  the  proposition  to 
make  such  levy  shall  have  been  authorized  by  two-thirds   of  the   qualified 
electors  voting  thereon  at  a  general  or  special  election.     At  such  election 
the  commission  may  be  authorized  in  cases  where  public  necessity  requires 
the  expenditure  oi  any  sum  so  voted  before  the  nexAsucceeding  tax  levy,  to 
borrow  such  sum  and  provide  in  the  next  succeeding  tax  levy  for  its  repay- 
ment with  interest  at  not  exceeding  five  per  cent,  per  annum.     Or  the  com- 
mission may  be  authorized  to  levy  a  special  tax  each  year  for  a  period  of 
years  not  exceeding  three  years  in  all,  for  any  permanent  municipal  improve- 
ment and  the  money  so  raised  may  be  expended  for  such  permanent  munici- 
pal improvement  each  year  after  the  same  is  collected  and  available. 

16.  To  levy  and  collect,  or  cause  to  be  levied  and  collected,  assessments 
upon  property  according  to  frontage,  or  upon  property  in  districts  according 
to  benefits,  to  pay  for  the  opening,  Widening,  vacating  or  improvement  of 
streets,  or  for  the  construction  in  any  public  street,  alley  or  other  public 
place,  or  in  any  right-of-way  owned  by  the  city,  of  sewers,  drains,  water  or 
gas  mains,  and  lines  and  conduits  for  transmitting  electric  current,  and  other 
pipes,  mains,  lines  and  conduits,  or  for  other  public  improvement. 

17.  To  sue  and  defend  in  all  courts  and  places  and  in  all  actions  and 
proceedings. 

Sec.  60.  The  qualified  electors  of  the  city  shall  have  power  through  the 
initiative  or  otherwise,  as  provided  by  this  charter  and  the  general  laws  of 
the  state,  to  enact  appropriate  legislation  to  carry  out  and  enforce  any  of 
the  general  powers  of  the  city  or  any  of  the  specified  powers  of  the  com- 
mission. 

Sec.  61.  Except  as  herein  otherwise  expressly  provided,  the  commission 
shall  exercise  all  the  general  powers  of  the  city  herein  set  forth,  and  all 
powers  now  held  by  or  that  may  hereafter  be  given  to  the  city  under  the 
constitution  or  laws  of  the  state;  but  only  in  the  manner  and  under  the 
conditions  of  this  charter,  and  subject  to  all  its  provisions. 

In  addition  to  all  such  powers,  the  commission,  subject  to  the  provisions 
and  restrictions  of  this  charter,  shall  have  power: 

1.'  To  make  and  pass  all  ordinances,  resolutions  and  orders  not  repug- 
nant to  the  constitution  of  the  United  States  or  the  state  of  California,  or 
to  the  provisions  of  this  charter,  necessary  for  the  municipal  government 
and  the  management  of  the  affairs  of  the  city,  for  the  execution  of  the  pow- 
ers vested  in  the  city,  and  for  carrying  into  effect  the  provisions  of  this 
charter,  and  shall  exercise  all  municipal  powers  necessary  to  the  complete 
and  efficient  management  and  control  of  the  municipal  property,  and  for  the 
efficient  administration  of  the  municipal  government,  whether  such  powers 
be  expressly  enumerated  herein  or  not. 

2.  To  make  and  enforce  within  its  limits,  such  local,  police,  sanitary  and 
other  regulations  as  are  deemed  expedient  to  maintain  the  public  peace,  pro- 
tect property,  promote  public  morals  and  preserve  health  of  its  inhabitants. 

3.  To  provide  a  corporate  seal,  with  appropriate  device,  to  be  affixed  to 
all  instruments  or  writings  needing  authentication. 

4.  To  provide  for  the  holding  of  municipal  elections,  give  notice  thereof, 
establish  and  alter  election  precincts,  as  provided  in  this  charter,  and  ap- 
point necessary  election  officers. 

5.  To  prescribe  fines,  forfeitures  and  penalties  for  the  violation  of  any 
provision  of  this  charter  or  of  any  ordinance;  to  make  the  violation  of  any 
of  the  city  ordinances  a  misdemeanor  and  to  prescribe  the  punishment  there- 
of, by  fine  or  imprisonment,  or  by  both  fine  and  imprisonment;  but  no  such 

11 


penalty  or  punishment  shall  exceed  for  each  offense,  five  hundred  dollars 
or  six  months  imprisonment,  or  both. 

6.  To  cause  persons  imprisoned  for  violation  of  any  ordinance  or  of  any 
provision  of  this  charter,  to  labor  on  the  streets  or  other  public  property  or 
works  within  or  without  the  city. 

7.  To  declare  what  shall  constitute  a  nuisance  and  to  provide  for  the 
summary  abatement  of  the  same  at  the  .expense  of  the  person  or  persons 
creating,  causing,  committing  or  maintaining  such  nuisance,  and  all  remedies 
which  are  or  may  be  given  by  law,  for  the  prevention  and  abatement  of 
nuisances,  shall  apply  thereto;  to  make  such  expense  a  lien  and  charge  upon 
the  property  whereon  such  nuisance  exists,  and  to  make  provision  for  the 
enforcement  of  such  lien  by  the  sale  of  such  property  or  otherwise. 

8.  To  organize,  provide,  maintain   and   operate  police,   fire  and   health 
divisions;   erect  necessary  buildings  and  acquire  all  implements  and  appar- 
atus necessary  therefor,  subject  to  the  provisions  of  this  charter. 

9.  To  establish,  operate  and  maintain  a  fire  alarm  and  police  telegraph 
or  telephone  system,  and  to  manage  and  control  the  same,  with  the  right  to 
use  the  poles  placed  in  the  streets  by  public  utility  companies,  whether  such 
right  has  been  set  forth  and  reserved  in  their  franchise  or  not. 

10.  To  regulate  or  prohibit  the  manufacture,  keeping,  storage  and  use 
of  gun   cotton,  nitro  glycerine,  powder,   dynamite,   fireworks   and   other  ex- 
plosive materials  and  substances  within  the  limits  of  the  city,  or  any  speci- 
fied part  thereof. 

11.  To  regulate  the  storage  of  hay,   straw,   gasoline,  benzine,   oil   and 
other  inflammable  and  combustible  materials. 

12.  To  regulate  the  use  of  steam  engines,  gas  engines,  steam  boilers, 
electric  motors  and  all  other  means  of  generating  heat  or  power,  and  to  pro- 
hibit their  use  in  localities  where  in  the  judgment  of  the  commission  the 
public  health,  comfort,  or  safety  would  be  endangered,  and  to  provide  for 
the  examination  and  licensing  of  all  persons  engaged  in  operating  the  same. 

13.  To  prescribe  fire  limits  and  determine  the  character  and  height  of 
buildings  that  may  be  erected  therein  and  the  nature  of  the  materials  to 
be  used  in  the  construction,  alteration  or  repair  of  such  buildings  or  in  the 
repair  or  alteration  of  existing  buildings  within  such  fire  limits. 

14.  To  regulate  the  construction  of  and  the  materials  used  in  all  build- 
ings, chimneys,  stacks,  scaffolding  staging,  false  work,  and  other  structures; 
to  prevent  the  erection  and  maintenance  of  insecure    or    unsafe  buildings, 
walls,  chimneys,  stacks,  or  other  structures,  and  to  provide  for  their  sum- 
mary abatement  or  destruction;   to  regulate  the  materials  used  in  and  the 
method  of  construction  of  foundations  and  foundation  walls,  the  manner  of 
construction  and  location,  of  drains  and  sewers,  the  materials  and  methods 
used  in  wiring  buildings  or  other  structures  for  the  use  of  electricity  for 
lighting,  power,  heat,  and  other  purposes,  and  materials  and  methods  used 
for  piping   buildings   or  other  structures   for  the   purpose   of  supplying  the 
same  with  water,  steam,  oil  or  gas,  and  the  manner  of  so  doing;  to  regulate 
and  prescribe  all  methods  and  materials  used  for  the  plumbing  of  all  build- 
ings and  to  prohibit  the  construction  of  buildings  and  structures  which  do 
not  conform  to  such  regulations. 

15.  To  require  the  owners  and  lessees  of  buildings  or  other  structures 
to  place  upon  them  or  in  them  fire  escapes  and  appliances  for  protection 
against  fire  and  for  the  extinguishment  of  fires. 

16.  To  prevent  the  construction  and  to  cause  the  removal  of  dangerous 
chimneys,  fireplaces,  hearths,  stoves,  stove  pipes,   ovens,  boilers,  apparatus 
and  machinery  used  or  existing  in  any  building  or  place  in  the  city;  to  reg- 
ulate the  carrying  on  of  manufactories  liable  to  cause  fire;    to  prevent  the 
depositing  of  ashes,  the  accumulation  of  shavings,  rubbish,  or  any  combust- 
ible or  explosive  material  in  unsafe  places,  and  to  make  other  provisions  to 
guard  against  fires. 

17.  To  regulate  the  size,  position  and  construction  of  entrance  to  and 
exits  from,  and  the  size  and  position  of  aisles,  open  places  and  stairways 
in  all  theatres,  lecture  rooms,  halls,  schools,  churches  and  other  places  for 
public  gatherings  of  every  kind,  and  to  prohibit  the  placing  of  seats,  chairs, 
benches  or  other  obstructions  in  the  hallways,  aisles  or  open  places  therein. 

18.  To  regulate  the  speed  of  railroad  trains,  engines  and  cars,  street, 
Inter-urban  and  other  railroad  cars  in  or  passing  through  the  city,  and  to 
require  persons,  firms  or  corporations  operating  street,  interurban  or  other 
railroads  in  the  city  to  station  flagmen,  install  gates  and  maintain  bells,  sig- 
nals or  other  safety  devices  or  appliances,  and  construct  and  use  bridges, 
viaducts,  tunnels  or  subways  at  street  crossings  and  at  railroad  crossings 
as  the  commission  may  deem  proper.     To  require  street  cars  and  all  local 
trains  to  be  provided  with  fenders  or  other  appliances  for  the  better  protec- 
tion of  the  public.     To  prohibit  the  making  up  of  railroad  trains  on  any  of 
the  streets,  street  crossings  or  street  intersections  of  the  city,  and  to  prohibit 
cars  standing  on  any  street- and  to  prohibit  the  making  of  any  flying  switch 
upon  or  across  any  street,  alley  or  other  public  place  within  the  city.     To 

12 


regulate  the  speed  with  which  and  the  manner  in  which  persons  may  ride 
or  drive  or  propel  bicycles,  automobiles  or  other  vehicles  along  or  upon  any 
of  the  streets  or  highways  of  the  city. 

19.  To  provide  for  the  naming  of  streets  and  the  numbering  of  houses; 
to  regulate  or  prohibit  the  exhibition,  posting  or  carrying  of  banners,  pla- 
cards, or  advertisements,  and   the   distribution   of  handbills   in  the  streets, 
sidewalks,  or  other  public  places;  regulate  or  prohibit  the  flying  of  banners, 
flags  or  signs  across  the  street  or  from  buildings;   to  regulate  or  prohibit 
traffic  and  sales  in  the  streets  and  public  places;  to  prevent  encroachments 
upon  or  obstructions  in  the  streets  and  to  require  their  removal;  to  regulate 
street  speaking  and  gatherings;   to  regulate  all  public  meetings  and  gather- 
ings, parades  and  processions  in  the  streets  or  parks,  and  to  determine  what 
public  meetings,  gatherings,  parades  or  processions  upon  the  streets  or  parks 
shall  be  unlawful  and  to  declare  the  same  nuisances. 

20.  To  require   owners   of  real  property  in  the   city  to  remove  grass, 
weeds,  rubbish  or  other  obstructions  from  the  public  sidewalks,   parkings, 
streets  and  alleys  in  front  thereof,  or  upon  which  said  property  abuts,  and 
upon  their  default,  to  cause  such  work  to  be  done,  and  the  cost  thereof  to 
be  made  a  lien  and  charge  upon  any  such  real  property,  and  to  make  pro- 
vision   for   enforcement   of   such    lien  by  sale  of  such  property  or  otherwise. 

21.  To  require  or  provide  by  ordinance  for  the  removal  from  property, 
lands  or  lots,  of  all  weeds,  rubbish  or  any  other  material  which  may  en- 
danger or  injure  neighboring  property,  or  the  health,  safety  or  welfare  of 
the  residents  of  the  vicinity,  and  to  make  the  cost  thereof  a  lien  and  charge 
upon  such  property,  lots  or  lands,  and  to  make  provision  for  the  enforcement 
of  such  lien  by  the  sale  of  such  property,  lots  or  lands,  or  otherwise. 

22.  To  require  by  ordinance  the  owners  of  real  property  fronting  upon 
any  street,  lane,  alley,  or  other  public  place  in  which  there  are,  or  in  which 
it  is  proposed  to  construct  sewers,  water  of  gas  mains,  or  other  mains  or 
conduits,  to  connect  their  (several  premises  therewith,  or  to  cause  such  con- 
nection to  be  made  and  to*  make  the  cost  thereof  a  lien  and  charge  upon  the 
property  so  connected,  and  to  make  provision  for  the  enforcement  of  such 
lien  by  sale  of  such  property,  or  otherwise. 

23.  Except  as  otherwise  provided  in  this  charter  or  in  the  constitution 
of  the  state  of  California,  to  regulate  and  control  for  any  and  every  purpose, 
the  use  of  streets,  lanes,  alleys,  courts,  and  sidewalks,  and  other  public  places, 
in  the  city. 

24.  To  regulate,  license   or  prohibit  the   construction   and   use  of  bill- 
boards and  signs,  on  public  or  private  property. 

25.  To  regulate  and  prevent  the  running  at  large  of  any  animals;    to 
provide  for  the  destruction  of  vicious  dogs;  to  require  the  payment  of  license 
fees  by  owners  or  persons  having  possession  of  dogs;    to  impose  penalties 
upon  such  persons  for  refusing  to  pay  such  license  fees,  and  to  establish  and 
maintain  a  pound  and  authorize  the  destruction  or  other  disposition  of  any 
animals  running  at  large. 

26.  To  prohibit  and  punish  cruelty  to  animals  and  to  require  the  places 
where  they  are  kept  to  be  maintained  in  clean  and  healthful  condition. 

27.  To  provide  for  the  care  of  the  sick,  the  indigent  and  the  helpless; 
to  make  and  enforce  all  regulations  which  may  be  necessary  or  expedient 
for  the  preservation  of  health;  the  suppression  of  diseases,  and  the  preve.n- 
tion  of  the  introduction  into,  or  spreading  through  the  city,  of  contagious, 
malignant,  infectious  or  other  diseases;  to  make  and  enforce  quarantine  laws 
and  regulations;  to  regulate,  control  and  prevent  the  entry  into  or  spreading 
throughout  the  city,  of  persons,  baggage,  merchandise,  or  other  property  in- 
fected with  any  contagious  or  communicable  disease,  or  coming  from  places 
where  infectious  or  contagious  diseases  are  epidemic  or  endemic. 

28.  To  regulate  the  maintenance  of  chemical  works,  slaughter  houses, 
wash  houses,  laundries,   stables,   tanneries,   glue   factories,   garages,  planing 
mills,   foundries,   boiler   shops,   undertaking   establishments   and   business   of 
every  description  that  may  endanger  the  public  safety,  health  or  comfort,  and 
to  restrict  the  conduct  thereof  to  such  fixed  limits  as  may  seem  proper,  or 

•to  exclude  such  works  and  business  from  the  city;  to  make  and  enforce  reg- 
ulations for  the  suppression  of  disagreeable  or  offensive  noises  or  odors; 
and  to  provide  for  the  punishment  of  all  persons  violating  such  regulations, 
and  of  all  persons  who  knowingly  permit  the  same  to  be  violated  in  any 
building  or  upon  any  premises  owned  or  controlled  by  them. 

29.  To  provide  for  and  regulate  the  inspection   of  all  things   used  for 
food  and  drink  or  for  human  consumption,  stored,  manufactured,  sold,  given 
away,  or  exchanged  in  the  city  and  to  provide  for  taking  and  summarily  de- 
stroying any  such  products  as  are  unsound,  spoiled,  adulterated  or  unwhole- 
some, and  to  regulate  and  prevent  bringing  into  the  city  or  having  or  keep- 
ing within  the  city  any  such  unsound,  spoiled,  adulterated  or  unwholesome 
products. 

30.  To  provide  for  and  regulate  the  inspection  of  all  dairies,  and  other 
places  where  a  cow  or  cows  are  kept,  either  within  or  without  the  city  limits, 


that  offer  for  sale  or  sell  any  of  their  products  in  the1  city;  also  to  provide 
for  the  inspection  of  slaughter  houses,  vegetable  and  fruit  gardens  whose 
products  are  sold  in  the  city. 

31.  To  regulate  hotels,  lodging,  tenement  and  apartment  houses,  and  to 
prevent  the  overcrowding  of  the  same,  and  to  require  that  they  be  put  and 
kept  in  proper  sanitary  condition. 

32.  To  regulate  or  prohibit  the  construction,  repair  and  use  of  sewers, 
sinks,  gutters,  wells,  cesspools,  and  vaults,  and  to  compel  the   connecting, 
draining,  cleaning  or  emptying  of  the  same,  and  to  designate  the  time  and 
manner  in  which  the  work  of  draining,  cleaning  or  emptying  the  same  shall 
be  done. 

33.  To  provide  for  the  collection .  and  disposal  of  garbage,  ashes,  animal 
and  vegetable  refuse,  dead  animals,  animal  offal,  rubbish  and  waste  matter. 

34.  To  license  for  purposes   of  regulation  and  revenue  all   and   every 
kind  of  business  not  prohibited  by  law,  ordinance  or  this  charter,  to  be  trans- 
acted or  carried  on  in  the  city;  to  fix  the  rates  of  licenses  upon  the  same, 
and  to  provide  for  the  collection  thereof  by  suit  or  otherwise. 

35.  To  establish  stands  for  hacks,  public  carriages,  automobiles,  express 
wagons,  and  other  public  vehicles  for  hire,  and  regulate  the  charges  of  such 
hacks,  public  carriages,  automobiles,  express  wagons,  and   other  public  ve- 
hicles, and  to  require  schedules  of  such  charges  to  be  conspicuously  posted 
in  or  upon   such  public  vehicles,  and  to  provide  penalties     for     collecting 
charges  in  excess  of  such  schedules. 

36.  To  provide  for  the  inspection  and  sealing  of  all  weights  and  meas- 
ures used  in  the  city,  and  to  enforce  the  keeping  and  use  by  dealers   of 
proper  weights  and  measures  duly  tested  and  sealed;  and  to  provide  for  the 
summary  seizure  and  destruction  of  all  false  weights  and  measures  found  in 
use  within  the  city;    and   to  regulate  the  sale  and  quality  of  all   oils  and 
gasoline  offered  for  sale  within  said  city,  and  provide  for  the  testing  thereof. 

37.  To  regulate  the  use,  distribution,  quality,  pressure,  and  sale  of  water, 
gas,  electric  light,  heat,  power  and  other  light,  heat,  and  power  within  the 
city;  to  fix  and  determine  the  price  thereof,  and  to  provide  for  the  inspection 
and  connection  of  all  meters  used  in  the  measurements  of  said  commodities. 

38.  To  license,   regulate,   restrain   or   prohibit     all     exhibitions,   public 
shows,  games  and  amusements;   to  prevent  and  prohibit  all  descriptions  of 
gambling  or  fraudulent  devices,  and  practices;   all  pjaying  of  cards,  dice,  or 
other  games  of  chance  for  the  purpose  of  gambling;  the  keeping  or  operating 
of  card  machines,  slot  machines,  or  other  contrivances  upon  or  into  which 
money  is  staked,  hazarded,  deposited,  or  paid  upon  chance,  and  the  selling 
of  pools  on  races,  and  to  authorize  the  confiscation  and  destruction  of  all  in- 
struments used  for  the  purpose  of  gambling, 

39.  To  restrain  and  punish  vagrants,  mendicants,  lewd     persons     and 
prostitutes;  to  prevent  and  punish  drunkenness,  prize  fights,  vagrancy,  men- 
dicancy,  prostitution,    and    all    offensive,    immoral,    indecent   and    disorderly 
conduct  and  practices  in  the  city. 

40.  To  levy  and  collect  taxes  upon  all  real  and  personal  property  within 
the  city,  subject  to  the  limitations  elsewhere  in  this  charter  provided. 

41.  To  provide  for  the  repayment  by  the  treasurer  of  any  taxes,  percent- 
ages or  costs  erroneously  or  illegally  collected. 

42.  To  fix  the  fees  and  charges  for  all  official  services  not  otherwise 
provided  for  in  this  charter. 

43.  To  provide   an   urgent  necessity   fund   not   exceeding   five   hundred 
dollars  a  year,  to  be  expended  by  or  under  the  direction  of  the  president  ^i 
the  commission. 

44.  To  provide  for  the  purchase  of  property  levied  upon  or  sold  under 
execution  in  favor  of  the  city,  but  the  amount  bid  on  such  purchase  shall  not 
exceed  the  amount  of  judgment,  interest,  if  any,  and  costs. 

45.  To  provide  for  the  sale  at  public  auction  upon  five  days'  published1 
notice,  of  personal  property  unfit  or  unnecessary  for  the  use  of  the  city. 

46.  To  provide  for  the  execution  of  all  trusts  confided  to  the  city. 

47.  To  offer  rewards  not  exceeding  Two  Hundred  Fifty  Dollars  in  any 
one  instance  for  the  apprehension  and  conviction  of  any  person  who  commits 
a  felony  in  the  city,  and  to  authorize  the  payment  thereof. 

48.  To  provide  by  ordinance  for  the  planting,  maintenance,  or  care  of 
shade  and  ornamental  trees  in  streets  and  other  public  places,  and  for  the 
removal  of  unsightly  and  dead  trees  therefrom;   to  make  the  cost  thereof  a 
lien  and  charge  upon  the  abutting .  property,  and  to  make  provision  for  the 
enforcement  of  such  lien,  and  upon  a  petition  of  the  owners  of  the  majority 
of  the  frontage  abutting  upon  any  street  or  part  thereof,  by  ordinance  to 
require,  or  provide,  or  adopt  general  law  or  laws  for  the  planting4,  maintenance 
or  care  of  grass  plots  between  the  sidewalk  and  roadway  in  such  street  or 
part  thereof,  and  to  make  the  cost  thereof  a  lien  and  charge  upon  the  abut- 
ting property,  and  to  make  provision  for  the  enforcement  of  such  liens  by 
the  sale  of  property  or  otherwise. 

49.  To  establish  or  change  the  grade  of  any  street  or  public  place. 


50.  To  order  the  whole  or  any  part  of  any  street,  avenue,  lane,  alley, 
court  or  public  place  within  the  city  of  Alhambra  to  be  graded  or  regraded 
to  the  official  grade,  planked  or  replanked,  paved  or  repaved,  macadamized 
or  remacadamized,  graveled   or  regraveled,  piled   or  replied,   capped   or  re- 
capped, sewered  or  resewered,  and  to  order  sidewalks,  manholes,  culverts, 
cesspools,  gutters,  tunnels,  curbing  and  crosswalks  to  be  constructed  therein 
or  thereon,  and  to  order  levees  or  walls  of  rock  or  other  material  to  protect 
the  same  and  also  any  other  work  or  improvement  therein  or  thereon,  and 
also  to  order  drainage  or  sanitary  sewers  or  storm  water  sewers  to  be  con- 
structed on  or  through  private  property. 

Whenever,  in  the  judgment  of  the  commission,  the  cost  and  expense  of 
any  of  the  foregoing  improvements  should  be  paid  in  whole  or  in  part  by 
special  assessments  on  private  property  under  the  provisions  of  the  general 
laws  of  the  state  of  California,  then  in  force,  such  general  laws  shall  there- 
upon govern  and  control,  and  all  proceedings  for  such  improvement  shall 
be  in  conformity  thereto. 

51.  To  order  the  opening,  extending,  widening,  vacating,  straightening 
or  closing  in  whole  or  in  part  of  any  street,  lane,  alley,  court,  or  public  place 
within  the  city,  and  to  condemn  and  acquire  any  and  all  property  necessary 
or  convenient  for  that  purpose. 

Whenever,  in  the  judgment  of  the  commission,  the  cost  and  expense  of 
any  of  the  foregoing  improvements  should  be  paid  in  whole  or  in  part  by 
special  assessments  on  private  property  under  the  provisions  of  the  general 
laws  of  the  state  of  California,  then  in  force,  such  general  laws  shall  there- 
upon govern  and  control,  and  all  proceedings  for  such  improvement  shall  be 
in  conformity  thereto. 

52.  Whenever  in  the  judgment  of  the  commission  public  necessity  re- 
quires, to  require  by  ordinance  any  person,  firm  or  corporation  operating  a 
public  utility  within  said  city  for  the  distribution  and  furnishing  of  water, 
gas  or  electricity  to  construct,  maintain  and  operate  in  or  along  any  street, 
lane,  alley  or  public  place  in  said  city,  mains,  pipe  lines  or  conduits  for  the 
carriage  and  distribution  of  water,  gas  or  electricity,  including  suitable  lat- 
eral pipes  or  conduits   extending  from  the   main  pipes   or  conduits   to  the 
property  lines  of  each  lot  fronting  on  said  street  or  other  public  place,  to 
carry  water,  gas  or  electricity  to  said  property  and  to  require  the  entire  cost 
and  expense  of  such  construction  to  be  borne  and  paid  by  the  person,  firm 
or  corporation  operating  such  public  utility,  and  also  to  require  such  person, 
firm  or  corporation  to  furnish  and  maintain  service  of  the  product  of  such 
public  utility  through  said  mains,  pipes  or  conduits  and  the  commission  shall 
have  all  remedies  for  the  enforcement  of  the  provisions  of  this  section. 

53.  To  set  apart  as  a  boulevard  or  boulevards  any  street  or  streets  over 
which  there  is  no  existing  franchise  for  any  railroad  and  to  regulate  and 
prevent  heavy  teaming  thereon;   and  when  any  such  street  shall  have  been 
set  aside  as  a  boulevard,  no  franchise  for  a  railroad,  interurban  railway  or 
street  railway  of  any  kind   shall   be  granted   upon   such   boulevard  and  no 
railroad  track  of  any  kind  shall  ever  be  laid  thereon,  except  to  cross  the 
same,  unless  a  franchise  therefor  shall  have  been  duly  granted  by  vote  of 
the^people. 

54.  To  construct,  establish  and  maintain  drains  and  sewers;    to  build 
and  repair  bridges. 

55.  To  prohibit  the  diversion  or  drainage  into  a  public  sewer  of  any 
refuse  or  waste  material  from  gas  works,  chemical  works  or  refineries,  or 
other  sources  destructive  to  the  use  of  sewer  pipe  or  conduit,  and  to  pro- 
hibit the  diversion  or  drainage  into  any  public  sewer  of  any  matter  that 
will  render  the  sewage  unfit  for  irrigation. 

56.  To   prescribe    sewerage    districts,    and    to   require    and    compel    the 
owners  of  all  buildings  and  dwellings  situated  within  such  districts  to  con- 
nect the  same  with  the  city  sewer  system  and  in  case  of  default  on  the  part 
of  such  owners  to  cause  such  work  to  be  done  and  the  cost  thereof  to  be 
made  a  lien  and  charge  against  such  property  and  to  provide  for  the  enforce- 
ment of  such  lien. 

57.  To  form,  out  of  any  territory  within  said  city,  storm  water  districts, 
and  provide  that  the  real  estate  in  each  district  so  formed  be  assessed  to 
pay  the  expenses  of  constructing  storm  drains  and  acquiring  rights  of  way 
therefor,  for  the  purpose  of  diverting,  conducting  and  caring  for  storm  water 
and   protecting   property   therein    from   injury   therefrom,   provided   no   such 
district  shall  be  formed  if  a  protest,  signed  by  the  owners  of  two-thirds  in 
assessed  value  of  all  the  real  property  in  such  proposed  district  as  it  ap- 
pears on  the  last  equalized  assessment  roll  as  assessed  for  city  purposes 
be  filed  before  the  final  passage  of  the  resolution  or  ordinance  providing  for 
the  formation  thereof;    provided  notice  of  such  proposed  passage  must  be 
published  once  in  each  week  for  three  weeks  prior  thereto. 

58.  To  provide  for  the  lighting  of  the  streets,  alleys,  highways,  public 
places,   and   public   buildings   and   for   supplying  the   city   with     water     for 
municipal  purposes. 

15 


59.  To  fix  and   determine  by  ordinance  in   the   month   of  February   of 
each  year,  to  take  effect  on  the  first  day  of  July  thereafter,  the  rates  or 
compensation  to  be  collected  by  any  person,  firm  or  corporation  in  the  city, 
for  the  use  of  water,  heat,  light,  power  or  telephone  service  or  other  public 
utility  supplied  to  the  city  or  to  the  inhabitants  thereof,  and  to  prescribe  the 
character  and  quality  of  the  service. 

60.  To  regulate  street  railroads,  their  tracks  and  cars;    to  compel  the 
owners  of  two  or  more  such  street  railroads  using  the  same  street  to  use 
the  same  tracks  and  to  divide  equitably  between  them  the  cost  of  construc- 
tion and  the  cost  of  maintenance  thereof. 

61.  To  require  any  person,  firm  or  corporation,  exercising  or  enjoying 
any  franchise,  permit  or  privilege  in,  over,  under,  or  along  any  of  the  streets, 
highways  or  public  places  in  the  city  for  railway  purposes,  to  sprinkle,  clean, 
plank  or  replank,  pave  or  repave,  macadamize  or  remacadamize,  the  entire 
length  of  the  street,  highway  or  other  public  place  used  by  the  track  or 
tracks  of  said  railway,  and  between  the  rails,  and  for  two  feet  on  each  side 
thereof,  and  between  the  tracks,  if  there  be   more  than  one,  and  to  keep 
the  same  constantly  in  repair,  flush  with  the  street,  and  with  good  crossings, 
and  to  require  such  street  work  to  be  done  with  such  kind  of  materials  and 
in  such  manner  as  the  commission   may  by  ordinance  direct  at  the   same 
time  and  as  a  part  of  the  same  operation  as  the  work  on  the  remainder  in 
width  of  said  street,  highway  or  other  public  place,  to  the  satisfaction  of  the 
superintendent  of  streets. 

62.  To  permit  the  laying  down  of  spur  or  side  tracks  and  running  cars 
thereon  for  the  purpose  of  connecting  warehouses,  manufactories,  or  other 
business  industries  and  enterprises  with  any  line  of  railroads,  which  do  now 
or  may  hereafter  enter  the  city,  subject  to  such  regulations  and  conditions 
as  may  be  prescribed  from  time  to  time  by  the  commission,  to  be  used  for 
the  transportation  of  freight  only,  and  not  to  be  used  as  a  main  line  or  a 
part  thereof;  and  also  for  the  purpose  of  excavating  or  filling  in  a  street  or 
portion  of  a  street  or  adjoining  land  during  such  limited  time  as  may  be 
necessary  for  such  purpose  and  no  longer.     Such  tracks  must  be  laid  level 
with  the  street  and  must  be  operated  under  such  restrictions  as  not  to  in- 
terfere with  the  use  of  the  streets  by  the  public.     All  permits  granted  under 
the  provisions  of  this  subdivision  shall  be  revocable  at  the  pleasure  of  the 
commission. 

63.  To   cause   the   removal   and   placing   underground   of   all   telephone, 
telegraph,  electric  light  or  other  wires  within  the  city,  or  within  any  desig- 
nated portion  thereof,  and  to  regulate  or  prohibit  the  placing  of  poles  and 
suspending  of  wires  along  or  across  any  of  the  streets,  alleys,  highways  and 
public  places  in  the  city  and  to  cause  the  immediate  removal  of  all  anchor 
posts  or  anchor  wires  or  any  other  device  now  existing  for  bracing  poles, 
and  to  prevent  the  placing  of  any  such  devices  in  the  future. 

64.  To  regulate  the  quality,   size  and  location  of  all  water  pipes,  gas 
pipes,  mains,  fire  plugs  and  all  other  pipes  and  conduits  laid  or  constructed 
in  the   streets  or  public  places,  provide  for  and  regulate  the   construction, 
maintenance  and  repair  of  pipes,  hydrants,  fire  plugs,  cisterns,  pumps  and 
such  other  appliances  as  may  be  requisite  to  effect  the  distribution  of  water 
and  gas  in  the  city,  and  to  require  the  filing  of  charts  and  maps  showing  the 
size,  character  and  location  of  such  pipes,  hydrants,  fire  plugs,  cisterns  and 
conduits. 

65.  To  provide   by   ordinance   a  fund  from   which   the   expenses   of  all 
necessary  matters  of  public  entertainment  and  advertisement  shall  be  met 

66.  To  provide  a  suitable  procedure  for  taking  over  or  otherwise  acquir- 
ing municipal  ownership  of  public  utilities. 

67.  Lastly,  this  grant  of  power  is  to  be  liberally  construed  for  the  pur- 
pose of  securing  the  well-being  of  the  municipality  and  its  inhabitants,  and 
in  the  absence  of  any  procedure  for  carrying  out  or  effectuating  any  granted 
or  implied  power  or  authority,  the  general  law  of  this  state  where  applicable 
and  where  not  inconsistent  with  any  express  provisions  of  this  charter  shall 
prevail  and  shall  be  followed. 

ARTICLE  VIII. 
CITY  AUDITOR  AND   EX-OFFICIO   CITY   CLERK 

Sec.  62.  The  city  auditor  shall  act  as  the  general  accountant  and  fiscal 
agent  of  the  city,  and  shall  exercise  a  general  superintendence  over  all  of 
the  officers  of  the  city  charged  in  any  mannei  with  the  receipt,  collection 
or  disbursement  of  the  city  revenues,  and  shall  prescribe  the  method  of 
keeping  the  books  and  accounts  of  the  city,  subject  to  the  approval  of  the 
commission. 

He  shall  keep  a  complete  set  of  books,  as  prescribed  by  the  commission, 
in  which  he  shall  set  forth  in  a  plain  and  business-like  manner,  every  money 
transaction  of  the  city,  so  as  to  show  at  all  times  the ,  state  of  each  fund, 
from  which  source  the  money  was  derived  and  for  what  purpose  any  money 
was  expended,  and  also  all  collections  made  and  paid  into  the  treasury  by 
each  officer  or  any  other  person. 


He  shall,  on  application  of  any  person  indebted  to  the  city  holding  money 
payable  into  the  city  treasury,  or  desiring  to  pay  money  therein,  certify  to 
the  city  treasurer  the  amount  thereof,  to  what  fund  applicable,  and  by  whom 
to  be  paid.  He  shall,  upon  the  deposit  of  the  receipt  of  the  city  treasurer 
for  money  paid  into  the  city  treasury,  charge  the  city  treasurer  with  the 
amount  received  by  him,  and  gave  the  person  paying  the  same  a  receipt 
therefor. 

The  auditor  shall  audit,  before  payment,  all  demands  against  the  city 
and  approve  the  same  only  when  legally  due  and  drawn  upon  the  proper  fund. 
If  allowed  by  him,  he  shall  endorse  such  warrant  with  the  word  "allowed" 
and  the  date  of  said  allowance,  and  sign  his  name  thereto.  If  in  his  judg- 
ment any  demand  is  incorrect,  defective  or  improperly  drawn,  he  shall  re- 
turn the  same  to  the  commission  with  his  objections. 

He  shall  keep  a  record  of  all  demands  audited  by  him,  showing  numbers, 
dates,  amounts,  names  of  claimant,  purpose  and  from  what  fund  drawn, 
whether  approved  or  not. 

It  shall  be  his  duty  to  apportion  among  the  several  funds  all  public 
money  at  any  time  in  the  city  treasury,  not  by  law  or  ordinance  specifically 
apportioned  or  appropriated,  and  forthwith  notify  the  city  treasurer  of  such 
apportionment  or  appropriation.  He  shall  countersign  and  deliver  to  the 
proper  officers  all  licenses  (other  than  building,  electrical  and  plumbing  per- 
mits) and  all  receipts,  charging  such  officers  therewith  and  taking  their  re- 
ceipt therefor. 

He  shall  report  to  the  commission  at  the  first  regular  meeting  of  each 
month,  and  oftener  if  required  by  them,  the  condition  of  each  fund  in  the 
city  treasury,  and  also  the  receipts  and  disbursements. 

He  shall  make  and  present  a  report  to  the  commission  on  or  before  July 
15th  in  each  year,  showing  all  financial  business  transactions  of  the  city 
for  the  preceding  fiscal  year. 

He  shall,  on  or  before  the  1st  day  of  August  in  each  year,  make  and 
present  to  the  commission  a  report  as  to  the  revenue  and  expenses  of  the 
city  for  the  current  fiscal  year,  in  which  he  shall  set  forth  estimates  of  (1) 
the  revenue  from  other  sources  than  taxation;  (2)  the  itemized  expenditures; 
(3)  the  itemized  amounts  necessary  to  be  raised  by  taxation  for  each  fund. 

He  shall  extend  the  tax  roll  and  charge  the  total  amount  of  the  taxes 
to  the  tax  collector,  delivering  the  roll  to  him  not  later  than  September  25th 
of  each  year. 

He  shall  perform  such  other  duties  as  are  or  shall  be  required  of  him 
by  this  charter  or  by  the  laws  of  this  state  and  ordinances  not  in  conflict 
with  such  charter. 

CITY  CLERK 

Sec.  63.  The  city  auditor  shall  be  ex-officio  city  clerk  and  clerk  of  the 
board  of  equalization.  He  shall  attend  the  meetings  of  the  commission  and 
keep  a  full  and  accurate  record  of  all  the  proceedings;  he  shall  have  charge 
and  custody  of  the  corporate  seal,  and  all  deeds  and  other  evidences  of  the 
city's  title  to  property,  and  all  books,  papers  and  records  belonging  to  the 
city,  when  not  in  actual  use  by  other  officers  or  elsewhere  by  special  provision 
committed  to  their  custody;  he  shall  attest  the  signatures  of  other  officials 
and  persons  making  demands  for  payment  of  money.  He  shall  attend  the 
meetings  of  the  city  board  of  equalization  and  keep  a  full  and  complete  rec- 
ord, in  a  separate  book,  of  all  its  proceedings;  he  shall  enter  on  the  assess- 
ment roll  all  changes  and  corrections  made  by  the  board  of  equalization  and 
deliver  the  assessment  roll  to  the  auditor. 

He  shall  keep  separate  books  in  which  respectively  he  shall  record  all 
ordinances,  contracts  and  official  bonds,  and  properly  index  all  such  books, 
and  shall  file  and  properly  index  all  such  ordinances,  contracts,  bonds  and 
other  instruments  and  papers.  He  shall  perform  such  other  duties  as  are 
or  shall  be  required  of  him  by  the  charter  or  by  the  laws  of  the  state  and 
ordinances  not  in  conflict  with  such  charter. 

ARTICLE  IX.       CITY   ATTORNEY 

Sec.  64.  It  shall  be  the  duty  of  the  city  attorney  to  act  as  the  legal 
advisor  of  the  commission,  and  of  any  other  officer  of  the  city  who  requests 
his  advice  and  he  shall  give  such  advice  or  opinion  in  writing  when  so  re- 
quested. He  shall  prepare  all  ordinances,  contracts,  resolutions,  bonds  and 
written  instruments  which  may  be  required  of  him  by  the  commission,  and 
shall  approve  the  same  as  to  form,  in  writing. 

He  shall  prosecute  all  criminal  cases  arising  out  of  violations  of  the 
provisions  of  this  charter  and  ordinances  of  the  city,  and  attend  to  all  suits, 
proceedings  and  matters  in  which  the  city  is  legally  interested;  provided, 
the  commission  shall  have  control  of  all  litigation  of  the  city  and  may  em- 
ploy other  attorneys  to  take  charge  of  any  litigation  or  to  assist  the  city 
attorney  therein. 

He  shall  report  to  the  commission  all  items  of  the  city's  business  coming 
to  his  knowledge,  and  perform  such  other  duties  as  are  or  shall  be  required 

i  n 


of  him  by  this  charter  or  by  the  laws  of  this  state  and  ordinances  not  In 
conflict  with  such  charter. 

ARTICLE  X. 

CITY   TREASURER  AND   EX-OFFICIO   ASSESSOR   AND   TAX  AND 
LICENSE  COLLECTOR 

Sec.  65.  The  city  treasurer  shall  receive  and  safely  keep  all  moneys 
that  shall  come  to  the  city  by  taxation -or  otherwise,  and  pay  the  same* out 
on  demands  legally  audited  in  the  manner  provided  by  this  charter;  and 
without  such  auditing  he  shall  disburse  no  public  moneys  whatever,  except 
principal  and  interest  of  the  municipal  debt  when  payable. 

He  shall  receive  no  money  into  the  city  treasury  unless  accompanied  by 
the  certificate  of  the  city  auditor  provided  for  in  section  62  hereof. 

He  shall  issue  receipts  in  duplicate  to  all  persons  paying  money  into  the 
treasury,  one  of  which  shall  be  filed  with  the  city  auditor. 

He  shall  make  a  report  at  the  close  of  each  business  day  to  the  auditor, 
showing  all  moneys  received  during  the  day,  together  with  the  number  of 
each-  receipt  given  by  him  therefor,  for  what  account  and  from  whom  re- 
ceived and  to  what  fund  applied. 

He  shall,  on  or  before  the  seventh  day  of  each  month,  make  out  and  pre- 
sent to  the  commission,  a  full  and  complete  statement  of  the  receipts  and 
expenditures  for  the  preceding  calendar  month;  and  he  shall  make  such 
special  reports  from  time  to  time  as  may  be  required  by  the  commission. 

He  shall  perform  such  other  duties  as  are  or  shall  be  required  of  him 
by  this  charter  or  by  the  laws  of  this  state  and  ordinances  not  in  conflict 
with  such  charter. 

CITY  ASSESSOR 

Sec.  66.  The  city  treasurer  shall  also  be  ex-officio  city  assessor  and  it 
shall  be  his  duty  as  such  city  assessor,  in  addition  to  any  duty  that  may 
be  elsewhere  prescribed  for  him  by  this  charter  or  by  ordinance,  to  make 
out  annually,  within  such  time  as  may  be  prescribed  by  ordinance  of  the 
city,  either  now  or  hereafter  in  force,  a  full,  true  and  correct  list  of  all  prop- 
erty, both  real  and  personal,  taxable  by  law,  within  the  limits  of  said  city, 
with  the  valuation  thereof,  and  assess  the  same  to  the  persons  by  whom  it 
was  owned  or  claimed,  or  in  whose  possession  or  control  it  was,  at  12  o'clock 
meridian  on  the  first  Monday  in  March  next  preceding. 

Each  tax  payer  in  said  city  shall  make  and  deliver  to  the  city  assessor 
annually,  and  at  such  time  as  is  or  shall  be  provided  by  ordinance,  a  state- 
ment under  oath  setting  forth  specifically  all  the  real  and  personal  property 
owned  by  such  tax  payer,  or  in  his  possession  or  under  his  control  at  12 
o'clock  meridian  on  the  first  Monday  in  March  next  preceding. 

It  shall  be  the  duty  of  the  assessor  to  collect  the  taxes  on  all  personal 
property,  when  the  owner  of  said  property  is  not  seized  of  real  estate  in  said 
city  sufficient  to  afford  ample  security  for  the  collection  of  said  taxes,  as 
is  or  shall  be  provided  by  ordinance,  and  he  shall  immediately  deposit  the 
taxes  so  collected  with  the  city  treasurer,  together  with  the  auditor's  cer- 
tificate therefor. 

He  shall  make  up  the  tax  roll  showing  the  valuation  of  all  taxable  prop- 
erty and  the  total  thereof  and  deliver  the  same  to  the  auditor  not  later  than 
June  30th  of  each  year. 

He  shall  perform  such  other  duties  as  shall  be  required  of  him  by  this 
charter  or  by  the  laws  of  this»state  and  ordinances  not  in  conflict  with  such 
charter. 

CITY   TAX  AND   LICENSE   COLLECTOR 

Sec.  67.  The  city  treasurer  shall  also  be  ex-officio  city  tax  and  license 
collector,  and  as  such  tax  and  license  collector  he  shall  receive  and  collect 
all  city  taxes,  general  and  special,  and  other  branches  of  the  city's  revenue 
not  otherwise  provided  for  by  this  charter  or  by  ordinance. 

He  shall  keep  proper  books,  showing  all  moneys  collected  by  him  as 
tax  or  license  collector;  he  shall  also  keep  a  book  which  shall  contain  a 
record  of  every  certificate  of  sale  issued  or  deed  given  by  or  on  behalf  of 
the  city  for  real  estate  sold  for  delinquent  taxes  or  assessments,  which  said 
book  shall  be  properly  indexed  and  shall  be  at  all  suitable  times  open  to 
public  Inspection. 

He  shall  make  daily  deposits  with  the  city  treasurer  of  all  moneys  re- 
ceived by  him  in  his  capacity  as  tax  or  license  collector,  together  with  the 
proper  certificate  of  the  auditor. 

He  shall  perform  such  other  duties  as  are  or  shall  be  required  of  him 
by  this  charter  or  by  the  laws  of  this  state  and  ordinances  not  in  conflict 
with  such  charter. 

ARTICLE  XI. 
POLICE  COURT 

Sec.  68.  The  judicial  power  of  the  city  shall  be  vested  in  a  police  court, 
which  shall  be  presided  over  by  a  police  judge.  Said  police  court  shall  have 
jurisdiction,  concurrently  with  the  justice's  courts  and  courts  of  inferior 

,       18 


jurisdiction,  of  all  actions  and  proceedings,  civil  and  criminal,  arising  within 
the  corporate  limits  of  the  city,  and  which  might  be  tried  in  such  justice's 
court  or  court  of  inferior  jurisdiction,  and  shall  have  exclusive  jurisdiction 
of  all  actions  for  the  recovery  of  any  fine,  penalty  or  forfeiture,  prescribed 
for  the  breach  of  any  city  ordinance  and  all  actions  founded  upon  any  ob- 
ligation or  liability  created  by  any  ordinance  and  of  all  prosecutions  for  any 
violations  of  any  ordinances.  In  all  civil  actions  for  the  recovery  of  any 
fine,  penalty  or  forfeiture  prescribed  for  the  breach  of  any  ordinance  of  the 
city,  where  the  fine,  penalty  or  forfeiture  imposed  by  the  ordinance  is  not 
more  than  fifty  dollars,  the  trial  must  be  by  the  court;  in  civil  actions,  where 
the  fine,  penalty  or  forfeiture  prescribed  for  the  breach  of  any  ordinance 
of  the  city,  is  over  fifty  dollars,  the  defendant  is  entitled  to  a  trial  by  jury. 
Except  as  in  this  section  otherwise  provided,  the  rules  of  practice  and  mode 
of  proceeding  in  said  police  court  shall  be  the  same  as  are  or  may  be  pre- 
scribed by  law  for  justice's  courts  or  courts  of  inferior  jurisdiction  in  like 
cases,  and  appeals  may  be  taken  to  the  superior  court  of  the  county  in  which 
the  city  is  situated,  from  all  judgments  of  said  police  court  in  like  manner 
and  with  like  effect  as  in  cases  of  appeals  from  justice's  courts  or  courts  of 
inferior  jurisdiction. 

Sec.  69.  The  police  judge  shall  have  the  powers  and  perform  the  duties 
of  a  magistrate.  He  may  administer  and  certify  oaths  and  affirmations,  and 
take  and  certify  acknowledgments.  He  shall  be  entitled  to  charge  and  re- 
ceive for  his  services  such  fees  as  are  or  may  be  allowed  by  law  to  justices 
of  the  peace  or  judges  of  courts  of  inferior  jurisdiction  for  like  services,  ex- 
cept that  for  his  services  in  all  criminal  prosecutions,  he  shall  be  entitled 
to  receive  only  such  monthly  salary  as  the  commission  shall  by  ordinance 
prescribe. 

Sec.  70.  In  all  cases  where  the  police  judge  is  a  party,  or  in  which  he 
is  interested,  or  when  he  is  related  to  either  party  in  consanguinity  or  af- 
finity within  the  third  degree,  or  is  otherwise  disqualified,  or  in  case  of  sick- 
ness or  inability  to  act,  the  police  judge  may  call  in  a  justice  of  the  peace 
or  judge  of  a  court  of  inferior  jurisdiction,  residing  in  the  city,  to  act  in  his 
place  and  stead;  or  if  there  be  no  such  justice  or  judge  residing  in  the  city, 
or  if  all  those  so  residing  are  likewise  disqualified,  then  he  may  call  in  any 
such  justice  or  judge  residing  in  the  county  in  which  the  city  is  situated. 

Sec.  71.  All  fines,  penalties  and  forfeitures  collected  shall  be  the  prop- 
erty of  the  city  and  be  deposited  weekly  with  the  city  treasurer  for  the 
use  of  the  city. 

Sec.  72.  The  city  shall  furnish  all  dockets,  books  and  supplies  necessary 
for  the  business  of  such  police  court,  and  a  courtroom  for  the  holding  thereof. 
A  complete  record  of  all  cases  shall  be  entered  in  the  docket  of  said  court. 

ARTICLE  XII. 
CITY  MANAGER 

Sec.  73.  The  office  of  city  manager  of  the  city  of  Alhambra  is  hereby 
created,  and  he  shall  be  the  administrative  head  of  the  city  government  and 
shall  have  supervision  and  control  of  and  be  head  of  all  of  the  departments 
of  the  city  and  be  responsible  for  their  efficient  administration,  except  as  by 
this  charter  or  otherwise  provided. 

Sec.  74.  The  city  manager  shall  be  appointed  by  the  commission  and 
hold  office  at  its  pleasure  and  his  compensation  shall  be  fixed  by  ordinance 
by  such  commission,  provided  such  compensation  shall  not  be  fixed  at  less 
than  $2,000.00  per  year.  Such  appointment  shall  be  made  as  soon  as  pos- 
sible after  the  organization  of  the  first  commission  elected  under  this  char- 
ter and  any  vacancy  in  such  office  shall  be  filled  by  it  without  unnecessary 
delay.  During  the  absence  or  temporary  disability  of  the  city  manager  the 
commission  may  designate  some  qualified  person  to  execute  the  functions 
of  his  office. 

Sec.  75.  Except  as  otherwise  provided  by  this  charter,  the  powers  and 
duties  of  the  city  manager  shall  be: 

1.  To  see  that  the  laws  and  ordinances  are  enforced. 

2.  To  appoint  all  chief  appointive  officials,  subject  to  the  approval  of 
such  appointments  by  the  commission. 

3.  To  appoint  all  subordinates  and   employees  in  the  departments  as- 
signed  to  his  charge  and  supervision  and,   subject  to  the  approval   of  the 
commission,  to  determine  their  duties  and  fix  their  compensation.    To  remove 
any  appointee  and  no  removal  shall  be  made  without  his  consent. 

4.  To  have  supervision  and  control  of  all  departments,  boards  and  di- 
visions created  herein  or  that  may  be  hereafter  created  by  the  commission, 
except  as  otherwise  provided  by  this  charter. 

5.  To  examine  and  make  to  the  commission  reports  in  regard  to  any 
matters  requested  by  it,  and  also  of  his  own  motion,  and  recommend  to  that 
body  for  adoption  such  measures  as  he  may  deem  necessary  or  expedient. 

6.  To  sign  such  contracts,  licenses  and  other  public  documents  and  in- 
struments on  behalf  of  the  city  as  the  commission  may  authorize. 


7.  To  attend   all   meetings   of  the  commission   with   the  right  to  take 
part  in  the  discussion  but  having  no  vote. 

8.  To  have  supervision  and  charge  of  the  city  auditor,  city  clerk,  city 
treasurer,  city  assessor,  city  tax  and  license  collector  and  city  attorney  only 
in  so  far  as  their  duties  pertain  to  the  departments  of  which  he  has  charge 
and  supervision. 

9.  To  exercise  such  other  powers  and  perform  such  other  duties  as  are 
herein  conferred  or  imposed  upon  him  by  this  charter  or  may  be  conferred 
or  imposed  upon  him  by  the  commission  under  the  provisions  of  this  charter. 

10.  Before  entering  upon  the  duties  of  his  office  he  shall  take  the  offi- 
cial oath  required  by  law  and  execute  an  official  bond  in  such  sum  as  shall 
be  determined  by  the  commission. 

ARTICLE  XIII. 
POLICE,  FIRE  AND  HEALTH  DIVISIONS 

Sec.  78.  The  police  division  of  the  city  of  Alhambra  shall  consist  of  a 
chief  of  police  and  such  officers  and  policemen  as  the  commission  shall,  from 
time  to  time,  fix  and  determine. 

Sec.  77.  The  chief  of  police  shall  enforce,  within  the  jurisdiction  of  the 
city,  the  execution  of  all  laws  and  ordinances;  and  for  the  suppression  of 
any  riot,  public  tumult,  disturbance  of  the  peace  or  resistance  against  law 
or  public  authorities  in  the  lawful  exercise  of  their  functions,  he  shall  have 
all  powers  that  are  now  or  may  hereafter  be  conferred  upon  sheriffs  by  the 
laws  of  the  state,  and  shall  in  all  respects  be  entitled  to  the  same  protection, 
and  his  lawful  orders  shall  be  promptly  executed  by  deputies,  police  officers 
and  watchmen  in  the  city,  and  every  citizen  shall  also  lend  aid,  when  re- 
quired, for  the  arrest  of  offenders  and  in  maintenance  of  public  order.  He 
shall  and  is  hereby  authorized  to  execute  and  return  all  processes  issued 
and  directed  to  him  by  the  police  court  or  judge  or  other  legal  authority  of 
said  city.  Unless  otherwise  provided  by  ordinance,  he  shall  receive  from  the 
auditor  all  licenses,  collect  the  same  and  make  weekly  deposits  with  the 
treasurer,  together  with  the  auditor's  certificate,  of  all  city  funds  collected 
by  him.  He  shall,  at  the  end  of  each  month,  file  with  the  auditor  a  state- 
ment of  the  money  so  collected  and  an  affidavit  stating  that  the  money  so 
deposited  is  all  the  funds  of  the  city  that  he  has  collected  or  received  dur- 
ing the  preceding  month.  He  shall  have  charge  of  the  city  prison  and  pris- 
oners. He  shall  devote  his  entire  time  to  the  discharge  of  the  duties  of  his 
office;  and  subject  to  charter  and  such  rules  and  regulations  as  the  com- 
mission may  prescribe,  shall  have  control  of  the  police  force.  In  addition 
to  his  duties  in  this  charter  specified,  he  shall  discharge  all  duties  required 
of  him  by  the  laws  of  this  state  and  ordinances  not  in  conflict  with  this 
charter. 

Sec.  78.  The  commission,  subject  to  the  provisions  of  this  charter,  shall 
have  power  to  organize  the  police  division  and  change  the  same  and  make 
all  necessary  rules  and  regulations  for  its  efficient  administration,  ordain 
penalties  for  violation  thereof,  establish  the  number  of  its  members  and  the 
amount  of  their  salaries,  including  that  of  the  chief  of  police,  and  do  all 
other  acts  necessary  to  the  efficient  equipment  and  operation  of  the  police 
division  of  the  city. 

FIRE  DIVISION 

Sec.  79.  The  fire  division  of  the  city  of  Alhambra  shall  consist  of  a 
chief  and  such  number  of  officers  and  members  as  the  commission  shall,  from 
time  to  time,  fix  and  determine. 

Sec.  80.  The  chief  of  the  fire  division  shall,  subject  to  the  provisions 
of  this  charter  and  such  rules  and  regulation?  as  the  commission  may  pre- 
scribe, have  entire  control  of  the  department.  He  shall  have  power  to  sus- 
pend or  remove,  subject  to  the  approval  of  the  city  manager,  any  member 
of  the  fire  division  for  disobedience  of  any  lawful  order,  for  violation  of  any 
rule  or  regulation  of  the  department,  for  neglect  of  duty  or  for  conduct  un- 
becoming a  member  of  the  force.  He  shall  be  charged  with  the  special 
duty  of  superintending  the  extinguishment  of  fires  that  endanger  the 
municipality  or  destroy  its  property  and  shall  take  measures  to  guard  and 
protect  all  property  imperiled  thereby  and  shall  make  recommendations  to 
the  commission  as  to  any  measures  required  for  fire  protection  and  preven- 
tion. In  addition  to  the  duties  in  this  charter  specified,  he  shall  discharge 
all  duties  required  of  him  by  the  ordinances  of  the  city. 

Sec.  81.  The  commission,  subject  to  the  provisions  of  this  charter,  shall 
have  power  to  organize  the  fire  division  and  change  the  same,  make  all  nec- 
essary rules  and  regulations  for  its  efficient  administration,  ordain  penalties 
for  violations  thereof,  establish  the  number  of  its  members  and  the  amount 
of  their  salaries,  including  that  of  the  chief  of  the  fire  division,  and  do  all 
other  acts  necessary  to  the  efficient  equipment  and  operation  of  the  fire  di- 
vision of  the  city. 

20 


HEALTH  DIVISION 

Sec.  82.  The  commission  shall  appoint  a  competent  person,  who  shall 
be  a  licensed  physician,  to  be  health  officer,  who  shall,  subject  to  the  pro- 
visions of  this  charter,  have  such  power  and  perform  such  duties  as  are 
granted  or  imposed  by  the  general  laws  of  the  state  or  by  ordinance,  in- 
cluding the  powers  of  a  police  officer  in  matters  pertaining  to  his  office. 

It  shall  be  the  duty  of  the  commission  to  provide  by  ordinance  for  a 
board  of  health  of  the  city  to  consist  of  five  persons,  which  board  shall  ex- 
ercise all  of  the  powers  conferred  by  the  laws  of  the  state  of  California  upon 
city  boards  of  health. 

ARTICLE  XIV 
BOARD  OF  EDUCATION 

Sec.  83.  Alhambra  city  school  district  and  Alhambra  city  high  school 
district  as  now  constituted  are  each  hereby  continued  in  existence,  with 
identical  boundaries,  and  each  in  its  respective  name  shall  hold  all  property, 
rights  and  privileges  which  it  now  possesses,  subject  to  all  existing  liabili- 
ties, and  each  shall  include  such  territory  outside  the  limits  of  the  city  of 
Alhambra  as  may  hereafter  be  annexed  to  either  district  for  school  purposes, 
all  of  which  territory  is  herein  referred  to  and  included  within  the  term 
"district",  as  used  in  this  article. 

Sec.  84.  All  territory  included  in  the  limits  of  Alhambra  city  school  dis- 
trict or  Alhambra  city  high  school  district  or  that  may  hereafter  be  included 
within  such  limits,  but  not  within  the  city  limits  shall  be  deemed  a  part  of 
said  city  for  the  purpose  of  holding  the  general  municipal  elections  and  shall 
constitute  one  or  more  separate  election  precincts  and  the  qualified  electors 
therein  shall  vote  only  for  members  of  the  board  of  education  and  on  ques- 
tions pertaining  to  school  matters  submitted  to  a  vote  at  special  or  general 
elections,  and  in  all  matters  connected  with  the  administration  or  support 
of  the  public  schools,  said  outside  territory  shall  be  deemed  a  part  of  said 
city. 

Sec.  85.  The  government  of  the  schools  in  said  district  shall  be  vested 
in  a  board  of  education  to  consist  of  five  members,  to  be  elected  from  the 
district  at  large,  as  herein  provided,  who  shall  serve  without  compensation 
and  who  shall  be  elected  by  the  qualified  electors  of  the  district  at  the  gen- 
eral municipal  election  and  shall  hold  office  for  a  term  of  four  years  from 
and  after  the  first  day  of  July  following  their  election;  provided,  that  the 
members  of  the  board  of  education  elected  at  the  first  election  held  under 
this  charter  shall  at  their  first  meeting  so  classify  themselves  by  lot  that 
one  of  their  number  shall  hold  office  for  one  year,  one  for  two  years,  one  for 
three  years  and  two  for  four  years  respectively  from  the  first  day  of  July 
following  such  first  election. 

Sec.  86.  To  be  eligible  to  the  office  of  member  of  the  board  of  educa- 
tion, a  person  must  be  a  qualified  elector  of  the  school  district  and  shall 
have  resided  in  said  school  district  for  at  least  two  years  next  preceding  the 
date  of  his  election  or  appointment. 

Sec.  87.  The  board  of  education  shall  have  entire  control  and  manage- 
ment of  all  public  schools  in  said  district,  in  accordance  with  the  constitu- 
tion and  general  laws  of  the  state  and  the  provisions  of  this  charter,  and 
said  board  is  hereby  vested  with  all  the  powers  and  charged  with  all  the 
duties  provided  by  this  charter  and  also  by  general  laws  of  the  state  for 
city  boards  of  education. 

Sec.  88.  The  board  of  education  shall  appoint  a  secretary  who  may  or 
may  not  be  one  of  their  own  number,  and  shall  prescribe  the  duties  and  fix 
the  salary  of  such  secretary. 

Sec.  89.  Members  of  the  board  of  education  shall  meet  annually  on  the 
first  day  of  July  and  shall  organize  by  choosing  one  of  their  members  as 
president,  who  shall  serve  as  president  for  one  year.  In  case  a  vacancy 
should  occur  on  the  board  of  education,  the  remaining  members  of  the  board 
shall  appoint  a  qualified  person  to  fill  such  vacancy,  and  if  there  be  less 
than  a  majority  of  such  board  then  in  office,  such  appointment  shall  be  made 
by  the  superintendent  of  schools  of  the  county  in  which  such  district  is  situ- 
ated. In  either  case,  such  appointee  shall  serve  only  until  the  next  general 
municipal  election,  when,  if  the  term  does  not  then  expire,  a  person  shall 
be  elected  to  fill  the  vacancy. 

Sec.  90.  The  board  of  education  shall  hold  regular  meetings  at  the  office 
of  the  city  superintendent  of  schools,  at  least  once  a  month,  at  such  time 
as  it  may  determine.  The  board  may  determine  the  rules  of  its  proceedings, 
but  all  its  meetings  shall  be  public  and  its  minutes  open  to  inspection. 

Sec.  91.  A  majority  of  the  members  of  the  board  shall  constitute  a 
quorum,  but  the  affirmative  vote  of  three  members  shall  be  required  to 
authorize  any  expenditure  of  public  moneys,  the  election  of  appointive  offi- 
cers and  the  election  of  teachers. 

Sec.  92.  The  board  of  education  shall  appoint  a  superintendent  of  schools 
and  fix  his  compensation. 

21 


f 

Sec.  93.  The  superintendent  of  schools  shall  be  the  executive  officer  of 
the  board  of  education,  shall  enforce  all  rules  and  regulations  adopted  by 
the  board  and  shall  give  his  full  time  to  the  duties  of  his  office.  He  shall 
be  subject  only  to  the  board  of  education  and  all  orders  of  the  board  relating 
to  the  direction  of  principals  and  teachers  shall  be  given  through  him.  He 
must  examine  all  plans  for  the  construction  or  re-construction  of  school 
buildings  and  report  in  writing  to  the  board  any  objections  he  may  find 
thereto.  He  shall  have  general  supervision  of  the  course  of  instruction  and 
of  the  discipline  and  conduct  of  the  schools. 

Sec.  94.  The  superintendent  of  schools  shall  nominate  and  recommend 
all  teachers  and  principals  for  election  by  the  board  of  education.  He  shall 
assign  all  teachers  and  principals  and  make  all  transfers  necessary  to  the 
successful  operation  ot  the  schools. 

Sec.  95.  The  board  of  education  shall  elect  all  teachers,  but  only  from 
a  list  of  candidates  nominated  and  recommended  by  the  superintendent  of 
schools.  The  board  of  education  may  make  rules  in  accordance  with  which 
the  superintendent  must  make  such  nominations  and  recommendations. 

Sec.  96.  The  secretary  of  the  board  shall  keep  a  record  of  the  proceed- 
ings of  the  board,  and  an  account  of  all  expenditures  allowed  by  it,  and  for 
what  purpose.  He  shall  be  the  custodian  of  all  books,  papers  and  documents 
belonging  to  said  district.  He  shall,  in  June  of  each  year,  make  a  full  and 
complete  detailed  report  of  receipts  and  expenditures  by  the  board,  includ- 
ing an  estimate  of  the  available  balance  that  will  remain  in  any  fund  at  the 
close  of  the  fiscal  year.  He  shall  perform  such  other  duties  as  the  board 
may  require  of  him. 

Sec.  97.  The  city  attorney  shall  be  the  attorney  of  the  board  of  educa- 
tion. 

Sec.  98.  Plenary  power  and  control  in  all  matters  of  school  administra- 
tion is  vested  in  the  board  of  education,  and  no  reference  in  this  charter  to 
any  officer  or  board  of  the  city  shall  apply  to  or  affect  said  board  or  any 
member  thereof,  unless  such  board  of  education  or  member  thereof  is  specif- 
ically referred  to  therein. 

ARTICLE  XV. 
PUBLIC  LIBRARY 

Sec.  99.  The  public  library  of  the  city,  now  existing,  is  hereby  continued 
in  existence,  and  together  with  all  branches  thereof  hereafter  established 
by  the  city,  shall  be  under  the  management  of  a  board  of  five  library  trus- 
tees, who  shall  be  appointed  by  the  president  of  the  commission,  subject  to 
the  approval  thereof  by  the  commission. 

The  first  board  of  trustees  under  this  charter  shall,  at  their  first  meet- 
ing, so  classify  themselves  by  lot  that  three  of  their  number  shall  go  out 
of  office  August  1st,  1917,  and  two  of  their  number  shall  go  out  of  office 
August  1st,  1919,  otherwise  their  term  of  office  shall  be  for  four  years.  They 
shall  organize  by  electing  one  of  their  number  president  and  some  suitable 
person  as  secretary,  who  shall  act  and  hold  office  at  the  pleasure  of  the 
board. 

Sec.  100.  Except  as  provided » by  this  charter  or  by  ordinances  not  in- 
consistent therewith,  the  public  library  shall  be  controlled  and  managed  by 
the  board  of  library  trustees  in  accordance  with  the  provisions  of  general  law. 

ARTICLE  XVI. 
ALCOHOLIC  LIQUORS 

Sec.  101.  No  person,  either  as  principal,  agent,  servant  or  employee, 
shall  open,  establish,  keep,  maintain  or  carry  on  within  the  corporate  limits 
of  the  city  of  Alhambra,  any  tippling-house,  dramshop,  cellar,  saloon,  bar, 
bar^room,  sample-room,  club-room,  or  other  place  where  spirituous,  vinous, 
malt  or  other  alcoholic  liquors  are  sold,  furnished,  divided,  distributed  or 
given  away. 

No  person,  either  as  owner,  employer,  agent,  clerk  or  employee  shall 
sell  or  deliver  any  of  the  liquors  in  this  section  mentioned,  or  solicit  such 
sale,  or  take  orders  for  the  same  within  the  corporate  limits  of  the  city,  pro- 
vided that  this  section  shall  not  apply  to  the  sale  of  such  liquors  by  regu- 
larly licensed  druggists  upon  the  written  prescription  of  a  practicing  phy- 
sician regularly  licensed  to  practice  his  profession  in  the  state  of  California, 
nor  to  the  sale  by  such  druggists  of  alcohol  for  mechanical  or  scientific  uses, 
under  such  restrictions  and  regulations  as  may  be  fixed  by  the  commission. 

Sec.  102.  Any  person  violating  any  provision  of  section  101  of  this  ar- 
ticle shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
punishable  by  a  fine  of  not  more  than  five  hundred  dollars  or  by  imprisonment 
for  not  more  than  six  months,  or  by  both  such  fine  and  imprisonment  in  the 
discretion  of  the  court  in  which  such  conviction  is  had. 

ARTICLE  XVII 
ELECTIONS 

Sec.  103.  Elections  to  be  held  in  said  city  for  the  purpose  of  electing 
the  officers  thereof  and  for  all  other  purposes  are  of  three  kinds: 

22 


1.  General  municipal  elections. 

2.  Special   elections. 

3.  Primary  nominating  elections — when  required  as  provided  herein. 
Sec.  104.     General  municipal  elections  shall  be  held  in  said  city  on  the 

Tuesday  following  the  first  Monday  in  June,  1915,  and  on  the  Tuesday  fol- 
lowing the  first  Monday  in  June  each  year  thereafter,  at  which  shall  be 
elected  the  elective  officers  provided  for  by  this  charter,  including  members 
of  the  board  of  education,  and  all  such  officers  shall  take  office  on  the  first 
day  of  July  next  succeeding  the  day  of  their  respective  election  at  twelve 
o'clock  noon. 

Sec.  105.  Special  elections  shall  be  held  for  such  municipal  purposes 
and  at  such  times  as  the  commission  may  determine,  or  at  such  times  as 
are  elsewhere  provided  in  this  charter,  except  that  no  special  election  shall 
be  held  less  than  fifteen  days  after  the  passage  of  an  ordinance  calling  the 
same.  All  special  elections  shall  be  held  and  conducted,  except  as  to  the 
date  thereof,  and  the  result  thereof  be  made  known  and  declared  in  the 
same  manner  as  herein  provided  for  other  elections. 

Sec.  106.  The  provisions  of  the  general  law  of  the  state  governing 
municipal  elections,  where  the  same  are  held  separate  from  state  elections, 
in  force  at  the  time  of  any  city  election,  are  hereby  adopted  as  the  law  gov- 
erning such  city  elections,  and  the  provisions  of  the  general  laws  of  the  state 
governing  elections  for  state  and  county  officers  in  force  at  the  time  of  any 
city  election  shall  govern  such  city  elections  in  matters  for  which  no  pro- 
vision is  made  in  this  charter,  and  the  commission  and  the  city  clerk  re- 
spectively shall  exercise  the  powers  and  perform  the  duties  conferred  on,  or 
imposed  by,  such  laws  on  boards  of  supervisors  and  county  clerks  concerning 
elections;  provided,  that  where  this  charter  makes  provision  relating  to  any 
matters  contained  in  such  general  laws,  said  charter  provisions  shall  govern. 

Sec.  107.  All  candidates  for  elective  city  offices  including  members  of 
the  board  of  education  shall  be  nominated  in  the  manner  provided  in  Sec- 
tion 1188  of  the  Political  Code  of  the  state  of  California  and  succeeding  and 
other  sections  or  laws  relating  to  independent  nominations,  in  force  at  the 
time  of  any  general  municipal  election,  except  as  hereinafter  otherwise  pre- 
scribed; provided,  however,  that  nominating  certificates  for  a  commissioner 
of  a  district  shall  be  signed  by  at  least  fifty  qualified  electors  of  the  district 
from  and  by  which  the  nomination  is  made  and  that  nominating  certificates 
of  members  of  the  board  of  education  shall  be  signed  by  at  least  seventy-five 
Qualified  electors  of  the  school  district  and  that  all  other  nominating  cer- 
tificates shall  be  signed  by  at  least  seventy-five  qualified  electors  of  the  city; 
and  provided  further  that  all  nominating  certificates  shall  toe  filed  with  the 
city  clerk  not  more  than  sixty  days  nor  less  than  fifty  days  before  the  day 
of  the  general  municipal  election. 

When  candidates  for  any  office  are  nominated  in  accordance  with  the 
provisions  of  this  section,  it  is  hereby  provided  and  directed  that  no  party 
name  or  designation  shall  appear  on  the  certificate  or  ballots  and  that  the 
names  of  all  candidates  for  each  office  shall  be  arranged  alphabetically  on 
said  ballot. 

Sec.  108.  If  a  petition  signed  by  qualified  electors  of  the  city  equal  in 
number  to  twenty  per  cent,  of  the  total  number  of  qualified  electors  at  the 
time  of  the  last  preceding  general  municipal  election  shall  be  filed  with  the 
city  clerk  not  less  than  forty  days  nor  more  than  fifty  days  prior  to  the  date 
of  any  general  municipal  election,  requesting  the  commission  to  call  a  pri- 
mary nominating  election,  the  commission  shall,  after  receiving  the  certifi- 
cate of  the  clerk  to  the  effect  that  the  petition  has  been  signed  by  the  re- 
quisite number  of  qualified  electors,  call  such  primary  election,  and  the  can- 
didates to  be  voted  for  at  the  general  municipal  election  shall  be  nominated 
at  such  primary  nominating  election  in  the  manner  hereinafter  prescribed, 
ard  no  names  shall  be  printed  upon  the  ballot  for  such  general  election  other 
than  the  names  of  those  selected  in  such  manner. 

•  Sec.  109.  Such  primary  election  shall  be  held  on  the  second  Tuesday 
preceding  the  general  municipal  election.  The  officers  of  election  appointed 
for  the  general  municipal  election  shall  be  the  officers  of  the  primary  elec- 
tion and  it  shall  'be  held  at  the  same  places  so  far  as  possible,  and  the  polls 
shall  be  opened  and  closed  at  the  same  hours.  The  names  of  all  candidates 
nominated  in  accordance  with  the  provisions  of  section  107,  and  no  others, 
shall  be  printed  upon  the  ballots  to  be  used  at  such  primary  election. 

Sec.  110.  At  least  seven  days  prior  to  the  day  of  said  primary  election 
the  city  clerk  shall  cause  to  be  published  for  three  consecutive  days,  in  at 
least  one  daily  newspaper  published  in  the  city,  or  posted  if  so  directed  by 
the  commission  for  three  days  in  three  public  places  in  the  city  designated 
by  the  commission,  the  names  of  all  the  persons  so  nominated,  and  the  offices 
for  which  the  several  candidates  were  respectively  nominated  as  they  will 
appear  upon  the  primary  ballots. 

Sec.  111.  The  clerk  shall  cause  the  ballots  to  be  printed,  and,  except 
when  voting  machines  are  used,  numbered  and  bound,  which  ballots  shall 

23 


contain  the  list  of  names  of  candidates  and  respective  offices  to  be  voted 
for  in  each  municipal  precinct  as  so  published  or  posted,  with  the  following 
caption : 

"Primary  nominating  election. 
City  of  Alhambra    (Inserting  date  thereof) 
"To  vote,  stamp  a  cross  opposite  the  name  of  the  candidate 
voted  for,  except  that  when  the  name  of  the  candidate  is 
written  in  by  a  voter  the  cross  shall  not  be  made." 
The  names  of  the  offices  to  be  filled  shall  be  arranged  on  the  ballots 
in  the  order  the  officers  of  the  city  to  be  elected  are  named  in  this  charter, 
and  the  names  of  the  candidates  for  each  office  shall  be  arranged  on  the 
ballot  of  the  primary  nominating  election  in  alphabetical  order.    There  shall 
be  nothing  on  any  ballot  indicative  of  the  party  affiliation,  source  of  can- 
didacy or  support  of  any  candidate. 

Sec.  112.  Each  ballot  shall  contain  blank  spaces  underneath  the  printed 
names  of  candidates  for  each  office,  wherein  the  voter  may  write  the  name 
of  any  candidate  whose  name  is  not  printed  on  the  ballot  and  for  whom 
he  may  wish  to  vote,  and  in  such  case  a  cross  shall  not  be  stamped  opposite 
such  written  name. 

Sec.  113.  Any  candidate  to  fill  a  vacancy  and  to  serve  the  remainder 
of  an  unexpired  term  shall  be  designated  on  the  ballot  as  a  candidate  to  fill 
a  vacancy. 

Sec.  114.  The  two  candidates  receiving  the  highest  number  of  votes 
for  any  given  office  at  the  primary  nominating  election  shall  be  the  candi- 
dates, and  the  only  candidates,  for  such  office  whose  names  shall  be  printed 
upon  the  ballot  to  be  used  at  the  next  general  municipal  election;  provided, 
that  where  more  than  one  office  of  the  same  kind  is  to  be  filled,  the  candi- 
dates therefor,  equaling  in  number  twice  the  number  of  such  offices,  who 
receive  the  highest  number  of  votes  at  the  primary  nominating  election, 
shall  be  the  candidates  and  the  only  candidates  for  such  offices  whose  names 
shall  be  printed  upon  the  ballot  to  be  used  at  such  general  election. 

Sec.  115.  The  ballot  at  such  general  election  shall  be  in  the  same  form 
as  for  such  primary  nominating  election,  so  far  as  applicable,  and  without 
any  indication  as  to  the  party  affiliation,  source  of  candidacy  or  support  of 
any  candidate. 

Sec.  116.  The  conduct  and  carrying  on  of  all  city  elections  shall  be 
under  the  control  of  the  commission,  and  it  shall,  by  ordinance,  provide  for 
the  holding  of  all  such  elections,  and  may  district,  and  subdivide  the  city 
and  any  portion  of  the  school  district  outside  of  the  city,  when  participating 
therein,  into  municipal  election  precincts  for  the  holding  of  municipal  elec- 
tions, and  change  and  alter  such  precincts  and  re-district  the  city  and  such 
outside  portion  of  the  school  district  for  such  elections  as  often  as  occasion 
may  require,  but  no  such  precinct  in  the  city  shall  include  within  its  boun- 
daries portions  of  two  districts  of  the  city  or  any  portion  of  the  school  dis- 
trict outside  of  the  city.  Unless  the  boundaries  of  the  precincts  shall  be 
established,  altered  or  changed,  as  herein  provided,  they  shall  remain  as 
fixed  by  the  board  of  supervisors  of  the  county  for  the  registration  of  electors 
beginning  in  January  of  the  last  even  numbered  year  preceding. 

Sec.  117.  At  each  city  election  each  of  the  election  officers  shall  re- 
ceive such  compensation  for  his  services  as  the  commission  shall  fix,  but 
not  to  exceed  the  sum  of  five  dollars. 

Sec.  118.  The  election  returns  from  each  municipal  election  precinct 
shall  be  filed  with  the  city  clerk,  who  shall  immediately  place  them  in  the 
safe  or  vault  in  his  office,  and  no  person  shall  be  permitted  to  handle,  in- 
spect, examine  or  in  any  manner  interfere  with  the  same  until  canvassed 
by  the  commission.  After  having  been  canvassed  they  shall  be  sealed  up 
by  the  city  clerk  for  six  months  and  no  person  shall  have  access  to  them, 
except  on  order  of  a  court  of  general  jurisdiction. 

Sec.  119.  On  the  first  Monday  after  any  election  and  at  their  usual  hour 
and  place  of  meeting,  the  commission  shall  meet  and  canvass  the  returns 
and  declare  the  result. 

Sec.  120.  After  the  result  of  an  election  is  declared  or  when  an  ap- 
pointment is  made,  the  city  clerk  under  his  hand  and  official  seal  shall 
issue  a  certificate  thereof  and  serve  the  same  personally  or  by  depositing 
such  certificate  with  the  postage  and  registration  fee  thereon  prepaid  and 
return  receipt  demanded,  in  the  United  States  post  office  in  Alhambra,  ad- 
dressed to  the  person  elected  or  appointed,  and  such  person  must,  within 
ten  days  after  receiving  such  certificate,  file  his  official  bond,  if  a  bond  is 
required  of  him  by  this  charter  or  the  ordinance  of  the  city,  and  take  and 
subscribe  to  the  oath  of  office  required  of  him  by  this  charter,  which  oath 
must  b6  filed  with  the  city  clerk. 

ARTICLE  XVIII. 

FINANCE  ' 
Sec.  121.    The  fiscal  year  of  the  city  shall  commence  upon  the  first  day 


of  July  of  each  year  and  shall  end  on  the  thirtieth  day  of  June  of  the  fol- 
lowing year. 

Sec.  122.  The  commission  shall,  by  ordinance,  provide  a  system  for 
the  assessment,  levy  and  collection  of  all  city  taxes  not  inconsistent  with 
the  provisions  of  this  charter. 

Sec.  123.  The  commission  shall  have  power  to  avail  itself  by  ordinance 
of  any  law  of  the  state  of  California  now  or  hereafter  in  force  and  comply 
with  the  requirements  thereof  whereby  assessments  may  be  made  by  the 
assessor  of  the  county  in  which  this  city  is  situated  and  taxes  collected  by 
the  tax  collector  of  said  county  for  and  on  behalf  of  this  city.  Other  pro- 
visions of  this  charter  concerning  the  assessment,  levy  and  collection  of 
taxes  shall  be  subject  to  the  provisions  of  any  such  ordinance  while  the 
same  shall  be  in  force. 

Sec.  124.  On  or  before  the  fifteenth  day  of  July  in  each  year  or  on 
such  date  in  each  year  as  shall  be  fixed  by  the  commission,  the  city  man- 
ager, chief  appointive  officers  and  other  heads  of  departments,  offices,  and 
boards  shall  send  to  the  auditor  a  careful  estimate,  in  writing,  of  the 
amounts,  specifying  in  detail  the  objects  thereof,  required  for  the  business 
and  proper  conduct  of  their  respective  departments,  offices  and  boards,  dur- 
ing such  fiscal  year. 

Sec.  125.  The  commission  shall  prior  to  fixing  the  tax  levy  annually 
make  a  budget  of  the  estimated  amounts  required  to  pay  the  expenses  of 
conducting  the  business  of  the  city  government  for  the  next  ensuing  year. 
The  budget  shall  be  prepared  in  such  detail  as  to  the  aggregate  sum  and 
the  items  thereof  allowed  to  each  department,  office,  board  or  commission 
as  the  commission  may  deem  advisable. 

Sec.  126.  The  commission  shall  meet  at  their  usual  place  of  holding 
meetings  on  the  first  Monday  in  August  of  each  year,  at  ten  o'clock  in  the 
forenoon  of  such  day,  and  sit  as  a  board  of  equalization,  and  shall  continue 
in  session  from  day  to  day  for  a  period  of  ten  days.  They  shall  have  power 
to  hear  complaints  and  to  correct,  modify,  strike  out  or  raise  any  assess- 
ment, provided  that  such  notice  shall  be  given  to  the  party  whose  assess- 
ment is  to  be  raised  as  may  be  by  ordinance  provided. 

Sec.  127.  The  commission  must  finally  adopt,  not  later  than  the  last 
Tuesday  in  August,  an  ordinance  levying  upon  the  assessed  valuation  of 
the  property  in  the  city,  subject  to  the  provisions  of  this  charter,  a  rate 
of  taxation  upon  each  one  hundred  dollars  of  valuation  sufficient  to  raise 
the  amounts  estimated  to  be  required  in  the  annual  budget,  less  the  esti- 
mated amount  of  income  from  fines,  licenses  and  other  sources  of  revenue. 
They  shall  then  deliver  the  assessment  roll  to  the  auditor,  who  shall  com- 
pute and  carry  out  the  amount  of  the  tax  so  levied  upon  each  parcel  of 
property  contained  in  said  assessment  roll.  The  corrected  list  for  each 
tax  shall  be  the  assessment  roll  of  said  tax  for  said  year,  and  it  shall  be 
certified  by  the  auditor  as  being  the  assessment  roll  of  said  tax. 

Sec.  128.  The  tax  levy  authorized  by  the  commission  to  meet  the 
municipal  expenses  for  each  fiscal  year  shall  not  exceed,  except  as  herein 
provided,  the  rate  of  One  dollar  ($1.00)  on  each  one  hundred  dollars  of  the 
assessed  value  of  all  real  and  personal  property  within  the  city. 

Sec.  129.  The  commission  shall  have  power  to  levy  and  collect  taxes 
in  addition  to  the  taxes  herein  authorized  to  be  levied  and  collected,  suffi- 
cient to  pay  the  interest  and  maintain  the  sinking  fund  of  the  bonded  in- 
debtedness of  the  city  and  to  provide  a  fund  not  to  exceed  ten  cents  (lOc) 
on  each  one  hundred  dollars  ($100.00)  of  the  assessed  valuation  for  the 
establishment  and  support  of  public  parks  and  playgrounds,  and  a  fund  not 
to  exceed  thirty  cents  (30c)  on  each  one  hundred  dollars  ($100.00)  of  such 
assessed  valuation  for  the  maintenance  and  support  of  the  public  library. 

Sec.  130.  All  taxes  assessed,  together  with  any  percentage  imposed  for 
delinquency  and  the  cost  of  collection,  shall  constitute  liens  on  the  'property 
assessed;  every  tax  upon  personal  property  shall  be  a  lien  upon  real  prop- 
erty of  the  owner  of  such  personal  property.  The  liens  provided  for  in  this 
section  shall  attach  as  of  the  first  Monday  in  March  in  each  year,  and  may 
be  enforced  by  actions  in  any  court  of  competent  jurisdiction  to  foreclose 
such  liens,  or  by  a  sale  of  the  property  affected  and  the  execution  and  de- 
livery of  all  necessary  certificates  and  deeds  therefor,  under  such  regula- 
tions as  may  be  prescribed  by  ordinance,  provided,  that  when  real  estate 
is  offered  for  sale  for  city  taxes  due  thereon,  or  constituting  a  lien  thereon, 
the  same  shall  be  struck  off  and  sold  to  the  city,  in  like  case  and  in  like 
manner  and  with  like  effect  and  with  like  right  of  redemption,  as  it  may 
be  struck  off  and  sold  to  the  state  when  offered  for  sale  for  state  and 
county  taxes;  and  the  commission  shall  have  power  to  provide  for  the  pro- 
cedure to  be  followed  in  such  sales  to  the  city  and  redemption  therefrom. 

Sec.  131.  Money  shall  be  drawn  from  the  city  treasury  only  upon  war- 
rants as  by  this  charter  authorized. 

Sec.  132.  All  demands  against  the  city  of  Alhambra,  except  as  other- 
wise by  this  charter  provided,  shall  be  presented  ,to  and  audited  by  the 


commission  in  accordance  with  such  regulations  as  it  may  by  ordinance 
prescribe;  and  upon  the  allowance  of  any  such  demand,  the  president  of 
the  commission  shall  draw  a  warrant  upon  the  city  treasurer  for  the  same, 
which  warrant  shall  be  countersigned  by  the  city  clerk. 

Sec.  133.  The  commission  shall  prescribe  uniform  forms  of  accounts 
which  shall  be  observed  by  all  officers  and  departments  of  the  city  which 
receive  or  disburse  moneys.  Whenever  an  act  shall  be  passed  by  the  state 
legislature  calling  for  uniform  municipal  reports,  the  city  authorities  shall 
be  governed  thereby. 

Sec.  134.  Except  as  otherwise  provided  by  this  charter,  every  officer 
collecting  or  receiving  any  moneys  belonging  to  or  for  the  use  of  the  city 
shall  pay  the  same  to  the  treasurer  accompanied  by  the  auditor's  certificate 
therefor  on  or  before  the  first  Monday  of  each  month,  or  at  more  frequent 
intervals  as  may  be  directed  by  the  commission. 

Sec.  134a.  The  commission  may  by  ordinance  change  the  time  fixed 
in  this  charter  for  the  performance  by  any  officer  of  any  duty  in  connection 
with  the  assessment  of  property  for  taxation,  the  equalization  of  the  tax 
roll,  the  determination  of  a  rate  of  taxation  and  the  levying  of  tax  thereon, 
or  the  furnishing  of  reports  relative  to  any  of  said  matters,  except  that  the 
assessment  must  be  completed  not  later  than  June  30th  of  each  year. 

ARTICLE  XIX 
CONTRACTS 

Sec.  135.  The  city  of  Alhambra  shall  not  be  and  is  not  bound  by  any 
contract  (except  such  a  contract  as  is  authorized  by  this  charter  to  be  made 
in  behalf  of  the  city  by  a  board  or  officer  of  the  city)  unless  the  commission 
shall  have  first  caused  notice  to  be  published  for  not  less  than  five  days 
in  a  daily  newspaper  or  posted  for  five  days  in  three  public  places  in  the 
city  to  be  designated  by  the  commission,  inviting  proposals  to  perform  the 
same,  and  thereafter  shall  have  let  said  contract  to  the  lowest  responsible 
bidder  furnishing  security  for  its  performance  satisfactory  to  the  Commis- 
sion; provided,  that  any  such  contract  shall  not  be  made  or  be  binding  on 
the  city  unless  first  authorized  by  resolution  passed  by  the  commission; 
that  any  such  contract  shall  be  made  in  writing,  the  draft  thereof  first 
approved  as  to  form  by  the  city  attorney  by  his  endorsement  thereon  and 
thereafter  approved  by  the  commission,  and  the  same  ordered  to  be,  and 
be  signed  on  behalf  of  the  city  by  the  president  of  the  commission,  city 
manager  or  some  other  person  authorized  thereto  by  resolution,  and  must 
be  countersigned  by  the  auditor  who  shall  number  and  register  the  same 
in  a  book  kept  for  that  purpose;  provided,  further,  that  the  commission  may, 
by  resolution,  authorize  any  officer,  committee  or  agent  of  the  city  to  bind 
the  city  for  the  payment  of  a  sum  of  money,  not  exceeding  One  thousand 
dollars  $1,000.00),  without  a  contract  in  writing  and  without  any  previous 
publication  or  posting  of  notice  inviting  proposals. 

It  shall  be  the  duty  of  the  city  attorney  to  see  that  all  bonds  relating 
to  any  such  contract  and  required  by  resolution,  ordinance,  this  charter  or 
the  general  laws  of  the  state  are  properly  drawn,  executed  and  delivered. 

Sec.  136.  When  proposals  for  performing  any  public  work  or  furnish- 
ing materials  are  invited,  the  commission  may  reject  any  and  all  bids  if 
deemed  advisable  and  ask  for  new  bids  or  provide  for  the  work  to  be  done 
by  the  department  of  public  works;  and  in  case  no  bid  is  received  the  com- 
mission may  provide  for  the  work  to  be  done  by  the  department  of  public 
works. 

No  contract  shall  provide  for  or  authorize  or  permit  the  payment  of 
more  than  seventy-five  per  cent,  of  the  contract  price  before  the  completion 
of  the  work  done  under  said  contract  and  the  acceptance  thereof  by  the 
proper  officers. 

Sec.  137.  No  contract  for  lighting  streets,  public  buildings  or  offices 
or  public  places  or  for  furnishing  the  city  with  heat  or  power  shall  be  made 
for  a  longer  period  than  one  year,  except  that  any  such  contract  may  be 
made  with  any  other  municipal  corporation  for  a  period  not  longer  than 
ten  years. 

Sec.  138.  The  commission  shall  annually  let  contracts  for  the  official 
advertising  for  the  ensuing  fiscal  year.  For  this  purpose  the  commission 
shall  advertise  for  five  consecutive  days,  setting  forth  distinctly  and  spe- 
cifically the  work  contemplated  to  be  done,  and  asking  for  sealed  proposals 
therefor.  The  proposals  shall  specify  the  type  and  spacing  to  be  used  at 
the  rate  or  rates  named  therein.  The  commission  shall  award  the  contract 
for  such  official  advertising  to  the  lowest  responsible  bidder  publishing  a 
daily  newspaper  in  the  city  which  is  a  newspaper  of  general  circulation  and 
has  been  in  existence  at  the  time  of  awarding  the  contract  at  least  one  year; 
provided,  that  the  commission  may  reject  any  and  all  bids  if  they  deem 
advisable.  The  newspaper  to  which  the  award  of  such  advertising  is  made 
shall  be  known  and  designated  as  the  "official  newspaper." 

Sec.  139.     Any  officer  of  the  city,  or  of  any  department  thereof,  who 


shall  aid  or  assist  a  bidder  in  securing  a  contract  to  furnish  labor,  material 
or  supplies  at  a  higher  price  than  that  proposed  by  any  other  bidder,  or 
who  shall  favor  one  bidder  over  another  by  giving  or  withholding  informa- 
tion or  who  shall  wilfully  mislead  any  bidder  in  regard  to  the  character  of 
the  material  or  supplies  called  for,  or  who  shall  knowingly  accept  materials 
or  supplies  of  a  quality  inferior  to  those  called  for  by  the  contract,  or  who 
shall  knowingly  certify  to  a  greater  amount  of  labor  performed  than  has 
been  actually  performed,  or  to  the  receipt  of  a  greater  amount  or  a  differ- 
ent kind  of  material  or  supplies  than  has  been  actually  received,  shall  be 
deemed  guilty  of  malfeasance  and  shall  be  removed  from  office. 

Sec.  140.  If  at  any  time  it  shall  be  found  that  the  person  to  whom  a 
contract  has  been  awarded  has,  in  presenting  any  bid  or  bids,  acted  in 
collusion  with  any  other  party  or  parties  for  the  purpose  of  preventing  any 
other  bid  being  made,  then  the  contract  so  awarded  shall  be  null  and  void, 
and  the  commission  shall  advertise  for  new  bids  for  said  work,  or. may  pro- 
vide for  such  work  to  be  done  by  the  department  of  public  works. 

Sec.  141.  No  officer  or  employee  shall  be  directly  or  indirectly  inter- 
ested in  any  contract,  work  or  business  of  the  city,  or  in  the  sale  of  any 
article,  the  expense,  price  or  consideration  of  which  is  paid  for  or  from  the 
treasury,  or  by  assessments  levied  by  any  act  or  ordinance;  nor  in  the  pur- 
chase or  lease  of  any  real  estate  or  other  property  belonging  to  the  city  or 
which  shall  be  sold  for  taxes  or  assessments  or  by  virtue  of  legal  process 
at  the  suit  of  the  city.  No  officer  shall  be  in  the  employ  of  any  public  utility 
corporation  in  the  city  or  of  any  person  having  any  contract  with  the  city, 
or  of  any  owner  of  a  franchise  granted  by  the  city. 

Sec.  142.  Every  officer  or  employee  of  the  city  is  forbidden  and  pro- 
hibited from  soliciting,  accepting  or  receiving,  directly  or  indirectly,  and 
every  public  utility  corporation,  person  having  or  contemplating  any  con- 
tract with  the  city  or  owner  of  a  franchise  granted  by  the  city,  or  agent, 
officer,  attorney  or  employee  thereof,  is  forbidden  and  prohibited  from  of- 
fering or  giving,  directly  or  indirectly,  to  any  such  officer  or  employee  of 
the  city,  any  commodity  or  service  furnished  by  such  public  utility  corpor- 
ation or  owner  of  a  franchise,  or  any  reduction  in  the  rate  thereof  to  which 
the  public  generally  are  not  entitled,  or  any  present,  gift  or  gratuity  of  any 
kind.  A  violation  of  any  of  the  provisions  of  this  section  shall  be  deemed 
a  misdemeanor.  Every  officer  or  employee  of  the  city  who  violates  any  of 
the  provisions  of  this  section  shall  be  guilty  of  malfeasance  and  shall  be 
removed  from  office. 

Sec.  143.  Any  contract  or  agreement  made  in  contravention  of  this 
charter  shall  be  void. 

Sec.  144.  Any  violation  of  the  provisions  of  this  article  shall  be  deemed 
a  misdemeanor. 

Sec.  145.    The  commission  shall  enforce  the  provisions  of  this  article  by 
\  appropriate  legislation. 

Sec.  146.  The  maximum  time  of  labor  or  service  required  of  any  laborer, 
workman  or  mechanic  employed  upon  any  municipal  work,  whether  so  em- 
ployed directly  by  the  city  and  its  officers,  or  by  a  contractor  or  sub-con- 
tractor, shall  be  eight  hours  during  any  one  calendar  day. 

ARTICLE  XX. 
STREETS  AND  SEWERS 

Sec.  147.  Except  as  provided  herein  and  unless  otherwise  provided  by 
ordinance,  the  general  law  of  the  state  of  California  relative  to  the  improve- 
ment of,  and  work  upon  streets,  lanes,  alleys,  courts,  places  and  sidewalks, 
including  the  construction  of  sewers  and  providing  for  the  laying  out,  open- 
ing, extending,  widening,  straightening  or  closing  up  in  whole  or  in  part  of 
any  street,  square,  lane,  alley,  court  or  place  within  municipalities,  and  to 
condemn  and  acquire  any  and  all  land  and  property  necessary  and  conveni- 
ent for  that  purpose;  and  for  providing  a  system  of  street  improvement  bonds 
to  represent  certain  assessments  for  the  cost  of  street  work  and  improve- 
ments within  municipalities,  and  to  provide  for  the  payment  of  such  bonds; 
and  providing  for  the  planting,  maintenance  and  care  of  shade  trees  upon 
streets,  lanes,  alleys,  courts  and  places  within  municipalities,  and  of  hedges 
upon  the  lines  thereof,  and  for  the  eradication  of  weeds  within  city  limits, 
now  in  force,  or  which  may  hereafter  be  adopted  by  the  legislature  of  this 
state  is  hereby  made  a  part  of  this  charter,  and  shall  govern  the  commission 
in  such  matters. 

ARTICLE  XXI. 
FRANCHISES 

Sec.  148.  Plenary  control  over  all  primary  and  secondary  uses  of  its 
streets  and  other  public  places  is  vested  in  the  city.  Franchises  may  be 
granted  to  persons,  firms  or  corporations,  upon  such  terms,  conditions,  re- 
strictions or  limitations  as  the  commission  may  prescribe  by  ordinance;  but 
no  franchise  shall  be  granted  without  reserving  to  the  city  adequate  com- 
pensation for  the  privilege  conferred. 


Sec.  149.  No  person,  firm  or  corporation  shall  ever  exercise  any  fran- 
chise or  privilege  mentioned  in  this  article  except  in  so  far  as  he  or  it  may 
be  entitled  to  do  so  by  direct  authority  of  the  constitution  of  California  or 
of  the  constitution  or  laws  of  the  United  States,  in  upon,  over,  under  or  along 
any  street,  or  other  public  place  in  the  city  unless  he  or  it  shall  have  ob- 
tained a  grant  therefor  in  accordance  with  the  provisions  of  this  article  and 
of  this  charter. 

Sec.  150.    The  commission  shall  have  power  to  designate  the  terms,  con- 
ditions and  duration  of  all  franchises,   subject  to  the  general  laws  of  the 
,  state  and  the  provisions  of  this  charter  relating  thereto;   provided,  that  no 
exclusive  franchise  shall  ever  be  granted. 

Sec.  161.  The  rights  of  the  city  in  and  to  its  streets,  parks  and  all  other 
public  places,  except  as  otherwise  provided  in  this  charter,  are  hereby  de- 
clared inalienable. 

Sec.  152.  The  city  may  grant,  for  a  period  not  to  exceed  thirty-five 
years,  the  right  and  franchise  to  use  the  public  streets  and  highways  of 
the  city  for  the  purpose  of  operating  street,  suburban  or  interurban  rail- 
roads and  for  constructing  thereon  or  laying  thereunder  electric,  telephone 
and  telegraph  wires  and  cables,  conduits,  gas  and  water  mains  and  service 
pipes,  in,  upon,  over,  under  or  along  any  street,  highway  or  other  public 
place  and  may  grant  franchises  for  railroads,  other  than  street,  suburban 
or  interurban,  when  authorized  so  to  do  by  vote  of  the  electors. 

Sec.  153.  The  grant  of  every  franchise  or  privilege  shall  be  subject  to 
the  right  of  the  city,  whether  reserved  in  such  grant  or  not,  to  make  all 
regulations  which  shall  be  necessary  to  secure  in  the  most  ample  manner 
the  safety,  welfare  and  accommodation  of  the  public,  including  among  other 
things  the  right  to  pass  and  enforce  ordinances  to  protect  the  public  from 
danger  or  inconvenience  in  the  operation  of  any  work  or  business  author- 
ized by  the  grant  of  the  .franchise  and  the  right  to  make  and  enforce  all 
such  regulations  as  shall  be  reasonably  necessary  to  secure  adequate,  suffi- 
cient and  proper  service  and  accommodations  for  the  people  and  insure 
their  comfort  and  convenience. 

Sec.  154.  The  grant  of  every  franchise  or  privilege  shall  be  subject  to 
the  right  of  the  city,  whether  reserved  in  such  grant  or  not,  to  prescribe 
and  regulate  the  rates,  fares,  rentals  and  charges  made  for  the  service  ren- 
dered under  such  franchise,  but  in  no  case  shall  the  value  of  such  franchise 
(exclusive  of  the  amount  originally  paid  to  the  city  for  such  franchise  and 
of  any  tax  or  annual  charge)  be  considered  or  taken  into  account  in  pre- 
scribing and  regulating  such  rates,  fares,  rentals  or  charges  for  service 
rendered  under  such  franchise.  The  grant  of  every  franchise  for  a  street, 
suburban  or  interurban  railroad  shall  provide  that  all  United  States  mail 
carriers,  policemen  and  firemen  of  the  city  shall  at  all  times,  while  in  the 
actual  discharge  of  their  duties  be  allowed  to  ride  on  the  cars  of  such  rail- 
road within  the  boundaries  of  the  city,  without  paying  therefor  and  with  all 
the  rights  of  other  passengers. 

Sec.  155.  Every  ordinance  granting  any  franchise  shall  provide  that  at 
the  expiration  of  the  period  for  which  the  franchise  was  granted,  or  at  any 
time  before  as  stated  in  the  ordinance  granting  such  franchise,  the  city,  at 
its  election  and  upon  the  payment  of  the  physical  valuation  therefor,  to  be 
made  in  the  manner  provided  in  the  ordinance  making  such  grant,  may 
purchase  and  take  over  to  itself  the  property  and  plant  operated  under  said 
franchise  in  its  entirety,  but  in  no  case  shall  such  valuation  include  any 
compensation  for  franchise  or  goodwill  other  than  the  amount  originally 
paid  to  the  city  for  such  franchise.  Or  it  may  be  provided  in  the  ordinance 
granting  any  franchise  that  the  property  and  plant  operated  under  said 
franchise  in  its  entirety  shall,  at  the  expiration  of  the  period  for  which  the 
franchise  was  granted,  become  the  property  of  the  city,  without  compen- 
sation to  the  owner  of  the  franchise.  The  grantee,  his  successor  or  assign, 
of  any  franchise  under  this  article  shall  be  required  in  said  ordinance  to  file 
monthly  with  the  city  clerk  an  itemized  statement  of  the  expenditures  for 
new  construction  during  the  calendar  month  next  preceding  the  filing  of 
said  statement;  and  said  statement  shall  be  verified  by  the  oaths  of  the 
president  and  secretary  of  the  grantee,  his  successor  or  assign,  if  such 
grantee,  successor  or  assign  be  a  corporation,  or  by  the  oaths  of  a  majority 
of  the  members  of  the  firm,  if  the  said  grantee,  successor  or  assign  be  a 
firm,  or  by  his  oath,  if  the  grantee,  his  successor  or  assign,  be  a  person. 
No  cost  of  maintenance,  operation,  repair  or  renewal  shall  be  considered  to 
be  a  cost  of  construction. 

Sec.  156.  Every  ordinance  granting  any  franchise  shall  further  provide 
that  upon  the  payment  by  the  city  of  the  physical  valuation  in  the  manner 
provided  in  said  ordinance  making  such  grant,  the  plant  and  property  op- 
erated under  said  franchise  in  its  entirety  shall  become  the  property  of  the 
city  by  virtue  of  the  grant  in  payment  thereunder,  and  without  the  execu- 
tion of  any  instrument  or  conveyance.  Or  in  case  it  is  provided  in  the 
ordinance  granting  any  franchise  that  the  property  and  plant  operated 


under  said  franchise  in  its  entirety,  shall,  at  the  expiration  of  the  period 
for  which  it  was  granted,  become  the  property  of  the  city  without  any  com- 
pensation to  the  owner  of  the  franchise,  the  property  and  plant  operated 
under  said  franchise  in  its  entirety  shall  then  become  the  property  of  the 
city  by  virtue  of  the  grant  and  without  the  execution  of  any  instrument 
or  conveyance. 

Sec.  157.  Applications  for  a  franchise  shall  be  in  writing  and  filed  with 
the  city  clerk,  and  shall  state  the  nature  of  the  franchise  applied  for 'and 
the  term  desired,  and  shall  be  accompanied  by  a  cash  deposit  of  two  hun- 
dred dollars,  which  sum  shall  be  retained  by  the  city  for  costs  of  adver- 
tising and  other  preliminary  expenses,  said  expenses  to  be  paid  finally  by 
the  successful  bidder.  If,  after  the  filing  of  such  application  accompanied 
by  the  original  cash  deposit,  the  commission  deems  it  desirable  to  grant 
the  same,  it  shall  set  such  application  for  hearing  and  advertise  the  fact 
and  the  time  of  such  hearing,  together  with  a  brief  description  of  the  fran- 
chise applied  for,  and  that  it  proposes  to  sell  the  same,  in  a  daily  news- 
paper published  in  said  city,  for  not  less  than  ten  days  before  the  day  of 
sale.  Said  advertisement  shall  further  state  that  sealed  bids  or  proposals 
for  the  purchase  of  said  franchise  will  be  received  up  to  the  time  of  such 
hearing  and  the  franchise  sold  and  awarded  to  the  bidder  offering  to  pay 
to  the  city,  during  the  life  of  the  franchise,  the  highest  percentage  of  the 
gross  receipts  therefrom;  provided,  that  such  percentage  of  such  gross  re- 
ceipts during  the  first  five  years  shall  be  not  less  than  two  per  cent,  and 
shall  be  not  less  than  four  per  cent,  during  the  remainder  of  the  life  of 
said  franchise.  Every  application  for  a  franchise  under  this  article  shall, 
in  addition  to  being  accompanied  by  the  sum  of  two  hundred  dollars,  be 
accompanied  by  the  sum  of  five  hundred  dollars,  or  by  a  certified  check  for 
that  amount,  payable  to  the  city  clerk,  as  a  guaranty  of  good  faith,  which 
sum  of  five  hundred  dollars,  or  certified  check,  shall  be  returned  only  on 
execution  of  a  bond  as  hereinafter  provided.  Every  other  person  bidding 
for  such  franchise,  shall,  at  or  prior  to  the  time  of  making  his  bid,  deposit 
with  the  city  clerk  the  sum  of  five  hundred  dollars,  or  a  certified  check  for 
that  amount,  payable  to  the  city  clerk,  as  a  like  guaranty  of  good  faith.  At 
the  time  set  for  hearing  the  application,  and  the  opening  of  the  sealed  bids 
or  proposals  therefor,  any  bid  may  be  raised  by  any  responsible  bidder  who 
makes  or  has  made  his  deposit  of  cash  of  five  hundred  dollars  or  certified 
check  for  such  sum,  offering  not  less  than  one-quarter  of  one  per  cent,  of 
the  gross  receipts  above  the  highest  sealed  bid  therefor,  and  such  bid  may 
be  raised  not  less  than  one-quarter  of  one  per  cent,  until  there  shall  be 
but  one  bidder  therefor,  and  the  same  shall  thereupon  be  awarded  to  such 
highest  bidder.  In  the  event  said  franchise  be  not  awarded  or  if  awarded, 
and  within  such  reasonable  time  thereafter  as  the  commission  shall  allow, 
such  successful  bidder  shall  cause  to  be  executed  a  bond  to  the  city  in  a 
sum  to  be  fixed  by  the  commission,  but  not  less  than  one  thousand  dollars, 
and  with  sufficient  sureties,  approved  by  the  president  of  the  commission, 
after  approval  thereof  as  to  form  by  the  city  attorney,  conditioned  that  such 
bidder  will  faithfully  execute  the  conditions  of  such  franchise  upon  his  part 
to  be  performed,  then  all  deposits  so  made  shall  be  returned  to  the  person 
making  them;  provided  that  the  amount  expended  by  the  city  for  adver- 
tising and  the  preliminary  expenses  in  connection  therewith  shall  be  de- 
ducted from  the  deposit  made  by  such  successful  bidder  or  from  the  deposit 
made  by  such  applicant,  if  no  award  be  made,  and  retained  by  the  city  to 
reimburse  itself  for  the  expenses  so  incurred.  Every  franchise  shall  have 
inserted  therein  a  proviso  that  it  shall  be  forfeited  in  the  event  that  such 
.percentage  of  the  gross  receipts  be  not  annually  paid  to  the  city  at  a  date 
by  the  commission  to  be  fixed  in  the  ordinance  granting  the  same. 

Sec.  158.  Construction  work  under  any  franchise  granted,  shall  be  com- 
menced in  good  faith  within  not  more  than  four  months  from  the  date  of 
the  taking  effect  of  the  ordinance  granting  such  franchise,  and  if  not  so 
commenced  within  said  time,  said  franchise  shall  be  forfeited.  Work  under 
any  franchise  so  granted  shall  be  prosecuted  with  reasonable  diligence  to 
completion  and  shall  be  completed  within  the  time  fixed  for  such  comple- 
tion in  the  ordinance  granting  the  same,  and  if  not  so  completed  within  said 
time,  the  same  shall  be  forfeited;  provided,  that  the  commission  may  by 
resolution  extend  the  time  for  the  completion  thereof  as  they  may  deem 
advisable. 

Sec.  159.  No  franchise  granted  by  the  city  shall  be  leased,  assigned  or 
otherwise  alienated  without  the  express  consent  of  the  commission  entered 
upon  its  minutes,  and  no  dealings  with  a  lessee  or  assignee  on  the  part  of 
the  city  to  require  the  performance  of  any  act  or  payment  of  any  compen- 
sation by  the  lessee  or  assignee  shall  be  deemed  to  operate  as  such  consent; 
provided  that  nothing  herein  shall  be  construed  to  prevent  the  owner  of 
such  franchise  from  including  it  in  a  mortgage  or  trust  deed  executed  for 
the  purpose  of  obtaining  money  for  corporate  objects. 

Sec.  .160.     Every  franchise  granted  shall  provide  that,  and  the  commis- 


sion  shall  have  authority  to  examine  the  books,  vouchers  and  records  of 
any  person,  firm  or  corporation  exercising  or  enjoying  any  franchise  or  priv- 
ilege granted  by  the  city,  and  it  shall  be  the  duty  of  every  person,  firm  or 
corporation  exercising  any  franchise  granted  by  the  city,  to  file  with  the 
city  clerk  annually  as  provided  by  said  franchise  a  report  of  its  business 
during  the  preceding  year;  such  report  shall  contain  a  statement  of  the 
gross  receipts  arising  from  the  business  done  by  such  person,  firm  or  cor- 
poration, within  said  city,  and  such  report  shall  contain  such  further  facts 
as  may  be  required  by  the  commission  concerning  the  character  and  amount 
of  business  done,  the  amount  and  source  of  receipts  and  expenses  connected 
therewith,  during  the  period  to  be  covered. 

Sec.  161.  Every  franchise  shall  provide  for  the  determination  and  for- 
feiture thereof  for  any  breach  or  failure  to  comply  with  any  of  its  terms, 
limitations,  or  conditions  imposed  by  this  charter,  or  ordinance  granting 
the  same. 

Sec.  162.  No  officer  or  employee  of  the  city  shall,  either  directly  or  in- 
directly, receive  any  transportation,  electric,  gas,  or  telephone  service,  or 
other  thing  or  commodity,  as  a  gratuity  from  any  person,  firm  or  corpora- 
tion, operating  under  any  franchise  granted  by  the  city,  nor  shall  he  re- 
ceive the  same  unless  he  pays  therefor  the  same  rate  as  that  charged  other 
patrons  or  consumers  similarly  situated,  except  as  hereinbefore  in  this  ar- 
ticle provided. 

Sec.  163.  Every  grant  of  a  franchise  for  railroad  purposes  shall  provide 
for  strict  compliance  by  the  owner  thereof  of  all  the  provisions  of  subdi- 
vision 61  of  sction  61  of  this  charter. 

ARTICLE  XXII. 
RECALL 

Sec.  164.  Every  incumbent  of  an  elective  office  shall  be  subject  to  re- 
moval therefrom  as  follows: 

Sec.  165.  A  petition  signed  by  qualified  electors  equal  in  number  to 
twenty-five  per  cent,  of  the  entire  vote  cast  for  all  candidates  for  the  office 
of  president  of  the  commission  at  the  last  preceding  general  municipal  elec- 
tion, at  which  a  president  of  the  commission  was  elected,  requesting  the 
calling  of  an  election  to  determine  whether  the  incumbent  of  an  elective 
office  shall  be  removed,  shall  be  addressed  to  the  commission  and  presented 
to  the  city  clerk.  The  petition  may  request  that  the  question  of  such  re- 
moval shall  be  submitted  at  a  special  municipal  election  or  at  the  next 
general  municipal  election. 

Sec.  166.  The  petition  for  recall  and  removal  from  office  shall  be  sub- 
stantially in  the  following  form: 

(Individual  certificate) 
Petition  to  the  Commission  requiring  a  special  municipal  election. 

(If  such  be  the  case) 
For  the  recall  of  (name  of  officer). 
From  the  office  of  (name  of  office). 
Reasons  for  the  recall  of   (name  of  officer)   from  the  office  of 

(name  of  office):     (here  insert  the  reasons). 

Reasons  against  the  recall  of   (name  of  officer)   from  the  office 

of  (name  of  office):      (here  insert  the  reasons). 

I,  the  undersigned,  certify  that  I  hereby  join  in  a  petition  to  the 

commission  requiring  that  it  forthwith   submit  to  the  vote  of   the 

electors  of  the  city  of  Alhambra,  at  a  special  (or  the  next  general) 

municipal  election,  the  question  whether   (name  of  officer)   shall  be 

recalled  and  removed  from  the  office  of  (name  of  office). 

I  further  certify  that  I  have  read  the  foregoing  reasons  for  and 

against  the  recall  of  said  officer  and  believe  that  he  should  be  re- 
called;  that  I  am  a  qualified  elector  of  said  city;   that  I  reside  at 

No street,  between  street  and  

street,  in  said  city,  and  that  my  occupation  is 

(Signed) 

STATE  OF  CALIFORNIA, 

COUNTY  OF  .LOS  ANGELES, 

CITY  OF  ALHAMBRA,  s.s. 

v  . ,   being   duly   sworn,   deposes 

and  says: 

That  he  is  the  person  who  signed  the  foregoing  certificate  and 

that  the  statements  therein  contained  are  true  and  correct. 

(Signed) 

Subscribed  and  sworn  to,   

19 before   me,    


(Verific  ation  Deputy   (or  Notary  Public). 
The  petition  of  which  this  certificate  forms  a  part,  shall,  if  found 

deficient,  be  returned  to  at  No , 

Street,  Alhambra,  California. 


Sec.  187.  Bach  certificate  must  be  separate,  and  contain  the  name  of 
but  one  signer,  who  must  make  oath  before  a  notary  public  or  verification 
deputy  as  to  the  truth  of  the  statements  therein.  All  such  certificates  signed 
by  electors  of  each  precinct,  shall  be  arranged  alphabetically  and  bound  to- 
gether. Upon  receipt  of  such  petition,  the  city  clerk  shall  endorse  thereon 
the  time  it  was  received.  He  shall  thereupon  examine  said  petition  to  as- 
certain whether  it  conforms  to  the  requirements  of  this  charter. 

Within  ten  days  after  such  presentation/ the  city  clerk  must  determine 
whether  said  petition  so  conforms  and  shall  attach  thereto  his  certificate 
showing  the  result  of  his  examination,  and  send  by  registered  mail  a  copy 
of  said  certificate  to  the  person  named  in  said  petition  to  whom  it  shall  be 
returned.  If  the  petition  does  not  conform  to  said  requirements,  the  cer- 
tificate of  the  city  clerk  shall  designate  the  defects  in  the  petition  and  in 
the  individual  certificates.  If  the  certificate  of  the  city  clerk  shows  the 
petition  to  be  deficient,  it  may  be  amended  by  presentation,  within  fifteen 
days  after  mailing  said  certificate  of  the  city  clerk,  of  an  amended  petition, 
containing  additional  certificates,  arranged  and  bound  as  above  provided. 
The  city  clerk  shall,  within  seven  days  after  the  presentation  of  such 
amended  petition,  make  like  investigation  and  determination  as  to  the 
amended  petition  and  attach  to  it  a  like  certificate  and  mail  a  copy  as  afore- 
said, and,  if  his  certificate  shall  show  the  amended  petition  to  be  deficient, 
or  if  no  amended  petition  shall  have^  been  presented,  the  petition  shall  be 
returned  to  the  person  named  therein"  to  whom  it  shall  be  returned,  without 
prejudice  to  the  filing  of  a  new  petition  to  effect  the  same  purpose. 

Should  any  certificate  or  certificates  to  the  petition  not  substantially 
conform  to  the  requirements  of  this  charter,  such  fact  shall  not  invalidate 
the  petition  if  a  sufficient  number  of  the  certificates  substantially  conform 
to  such  requirements.  Should  the  cityclerk  find  that  the  said  petition  or 
amended  petition  conforms  to  such  requirements,  he  shall  endorse  the  fact 
thereon  and  file  and  present  it  to  the  commission. 

Sec.  168.  Before  any  petition  for  recall  is  circulated,  an  affidavit  in 
triplicate  by  or  on  behalf  of  the  person  or  persons  proposing  such  recall 
shall  be  made  and  delivered  to  the  city  clerk,  one  to  be  filed  with  the  city 
clerk,  one  to  be  left  by  him  at  the  office  of  the  officer  sought  to  be  recalled, 
and  one  to  be  sent  by  him  by  registered  mail  to  the  residence  of  such  offi- 
cer. Such  affidavit  shall  contain  the  address  of  the  person  or  persons  mak- 
ing the  same,  a  statement  of  the  intention  to  circulate  a  petition  for  the 
recall  of  said  officer  containing  not  more  than  two  hundred  words,  giving 
the  reasons  for  such  recall.  Said  officer  may,  within  five  days  after  the 
mailing  of  such  affidavit,  send  by  registered  mail  to  the  address  of  the 
party  making  such  affidavit,  his  answer  thereto  in  not  more  than  two  hun- 
dred words.  Such  statement  and  answer,  if  any,  shall  be  printed  on  each 
'individual  certificate.  No  original  petition  for  recall  of  any  officer  shall 
be  presented  to  the  city  clerk  later  than  forty  days  after  the  filing  of  the 
affidavit. 

Sec.  169.  If  the  officer  sought  to  be  removed  fails  to  resign  within  five 
days  after  the  recall  petition  is  filed,  and  the  petition  requests  a  special 
municipal  election  to  be  held,  the  commission  shall  cause  a  special  municipal 
election  to  be  held  within  not  less  than  thirty  nor  more  than  forty-five  days 
after  the  filing  of  said  petition,  to  determine  whether  said  officer  shall  be 
recalled,  but  if  a  general  or  special  municipal  election  is  to  occur  within 
sixty  days  after  the  filing  of  said  petition,  the  commission  may  postpone 
the  holding  of  such  election  to  such  general  or  special  election. 

Sec.  170.  If  any  question  of  recall,  for  which  a  petition  has  been  filed, 
be  not  submitted  to  the  electors  of  the  city  at  or  within  the  time  specified, 
such  petition  shall  remain  in  force  until  such  question  has  been  submitted. 

Sec.  171.  There  shall  be  printed  on  the  sample  and  the  official  ballots, 
the  statement  of  the  reasons  for  the  recall  of  the  officer,  and  his  answer, 
if  any. 

Sec.  172.  The  ballots  at  every  election  at  which  recall  is  to  be  voted 
upon,  shall  contain  the  following  question: 

Shall  (name  of  officer)   be  removed  from  the  office  of   (name  of 

office)  ? 

Following  the  question  shall  be  printed  the  words  "Yes"  and  "No",  on 
separate  lines,  with  a  voting  square  at  the  right  of  each,  in  which  the  voter 
shall  stamp  a  cross  (X)  for  or  against  such  recall.  All  requirements  of  this 
charter  relating  to  ballots  at  general  municipal  elections  shall,  so  far  as 
applicable,  apply  to  all  ballots  at  every  election  at  which  a  question  of  recall 
is  to  be  voted  upon. 

The  call  for  elections  under  this  article  shall  be  the  same  as  the  call 
for  general  or  special  municipal  elections. 

Sec.  173.  After  a  petition  for  recall  of  a  person  from  office  has  been 
filed,  he  may  continue  to  perform  the  duties  of  his  office  until  the  commis- 
sion has  canvassed  the  returns  of  the  election  and  declared  that  a  majority 
of  the  votes  upon  the  question  of  his  recall  was  cast  in  favor  thereof,  and 


thereupon  said  office  shall  become  vacant. 

Sec.  174.  No  recall  petition  shall  be  filed  against  any  elective  officer 
until  he  has  actually  held  his  office  for  at  least  six  months,  and  no  second 
or  subsequent  recall  petition  shall  be  filed  against  the  same  officer  for  a 
period  of  six  months  from  the  time  of  the  last  recall  election  relating  to 
said  officer  and  for  any  second  or  subsequent  recall  election  the  petitioners 
shall  first  deposit  with  the  auditor  an  amount  of  cash  equal  to  the  total  cost 
of  the  last  recall  election,  for  the  purpose  of  defraying  the  expenses  of  the 
recall  election  petitioned  for;  if  at  the  election  said  officer  is  recalled,  said 
deposit  shall  be  returned  to  the  petitioners,  but  if  said  officer  is  not  recalled, 
it  then  shall  be  the  property  of  the  city  and  the  auditor  shall  pay  the  same 
to  the  treasurer  for  the  general  fund  of  the  city. 

Sec.  175.  The  commission  shall,  by  ordinance,  make  such  further  regu- 
lations as  may  be  necessary  to  carry  out  the  provisions  of  this  section. 

ARTICLE  XXIII. 
INITIATIVE 

Sec.  176.  The  electors  of  the  city  shall  have  the  right  to  propose,  by 
petition,  and  to  adopt  at  the  polls,  any  ordinance  which  the  commission 
might  enact.  Such  ordinance  shall  be  proposed  by  petition  filed  with  the 
city  clerk,  setting  forth  said  ordinance  in  full,  signed  by  electors  in  number 
as  hereinafter  required. 

Sec.  177.  Before  any  petition  for  submission  of  such  ordinance  shall  be 
circulated,  an  affidavit  by  or  on  behalf  of  its  proponents,  shall  be  filed  with 
the  city  clerk,  containing  a  copy  of  the  proposed  ordinance,  a  statement 
in  not  more  than  two  hundred  words  giving  the  reasons  of  said  proponents 
for  the  adoption  of  such  ordinance,  a  statement  of  the  intention  to  secure 
submission  of  said  ordinance  to  a  vote  of  the  electors  by  an  initiative  pe- 
tition, and  the  address  of  the  party  making  such  affidavit.  The  commission 
shall  have  five  days  after  the  filing  of  such  affidavit,  to  send  by  registered 
mail  to  the  address  given  in  such  affidavit,  a  statement,  in  not  more  than 
two  hundred  words,  of  the  reasons  why  such  proposed  ordinance  should  not 
be  adopted.  These  reasons  for  and  against  the  adoption  of  the  proposed 
ordinance  shall  be  printed  as  a  part  of  the  individual  certificates  constitut- 
ing the  petition. 

Sec.  178.  The  form  and  contents  of  the  petition  and  mode  of  certifica- 
tion shall  be  substantially  as  provided  in  article  XXII  of  this  charter,  with 
changes  as  may  be  required  to  comply  with  the  provisions  of  this  article, 
and  each  individual  certificate  constituting  said  petition  shall  have  printed 
thereon  the  reasons  for  and  against  the  adoption  of  the  proposed  ordinance, 
and  the  signer  of  said  certificate  must  certify  that  he  has  read  such  reasons. 

Sec.  179.  Upon  presentation  to  the  commission  of  such  petition,  signed 
and  verified  by  qualified  electors  in  number  equal  to  fifteen  per  cent  of<  the 
entire  vote  cast  for  all  candidates  for  the  office  of  president  of  the  commis- 
sion at  the  last  preceding  general  municipal  election  at  which  such  presi- 
dent was  elected,  asking  for  the  submission  to  the  electors  of  an  ordinance 
that  the  commission  itself  might  adopt,  it  must  either  adopt  and  enact  such 
measure  without  alteration,  or  submit  the  same  to  the  electorate  at  the  next 
city  election  occurring  subsequent  to  sixty  days  afer  the  filing  of  said  pe- 
tition. But  if  said  petition  request  the  calling  of  a  special  election  and  is 
signed  and  verified  as  herein  provided  and  by  electors  in  number  equal  to 
twenty-five  per  cent,  of  said  vote,  then  such  ordinance,  if  not  so  adopted 
and  enacted  by  the  commission,  must  be  submitted  to  the  electorate  at  a 
special  election  to  be  called  within  sixty  days  from  the  presentation  of  such 
petition. 

Sec.  180.  If  such  proposed  ordinance  is  one  that  the  commission  might 
adopt,  except  that  it  involves  the  repeal  or  amendment  of  an  ordinance 
adopted  by  the  electorate,  as  herein  provided,  and  if  in  such  case  said  pe- 
tition is  signed  and  verified  by  qualified  electors  in  number  equal  to  thirty 
per  cent,  of  the  above  mentioned  vote,  then  such  proposed  ordinance  must 
be  submitted  to  the  electors  of  the  city  at  the  next  general  municipal  elec- 
tion occurring  subsequent  to  sixty  days  after  its  presentation. 

Sec.  181.  All  provisions  of  article  XXII  of  this  charter,  relating  to  the 
examination  and  amendment  of  petitions,  shall  be  applicable  to  petitions 
under  this  article. 

Sec.  182.  All  petitions  under  this  .article  shall  be  filed  with  the  city 
clerk  within  forty  days  after  the  date  of  the  first  signature  thereto.  If  any 
ordinance  proposed  by  petition,  or  upon  which  a  referendum  vote  is  re- 
quested by  petition,  be  not  submitted  to  the  voters  at  or  within  the  time 
specified  in  this  charter,  such  petition  shall  remain  in  force  until  said  or- 
dinance shall  be  submitted  to  the  voters. 

Sec. .  183.  Any  number  of  proposed  ordinances  under  the  initiative  or 
the  referendum  may  be  voted  upon  at  one  election. 

Sec.  184.  There  shall  not  be  held  under  the  provisions  of  this  article* 
more  than  one.  special  election  in  any  period  of  six  months. 

Sec.  185.    The  ballots  used  when  voting  upon  ordinances  proposed  under 

00 
04 


the  initiative  or  under  the  referendum,  shall  set  forth  the  title  of  the  pro- 
posed ordinance,  and  shall  state  its  general  nature,  and  shall  contain  the 
words  "For  the  Ordinance"  and  "Against  the  Ordinance".  If  a  majority 
of  the  votes  cast  on  any  ordinance  initiated  as  herein  provided,  by  the 
electorate  of  the  city,  shall  be  in  favor  of  said  ordinance,  it  shall,  if  not  al- 
ready in  effect,  go  into  effect  as  a  valid  ordinance  of  the  city,  one  day 
after  the  official  canvass  and  declaration  of  the  result,  unless  a  later  date 
is  provided  by  the  terms  of  said  initiative  measure;  otherwise  such  ordi- 
nance shall  be  rejected. 

Sec.  186.  No  ordinance  that  has  been  or  that  may  hereafter  be  adopted 
by  a  vote  of  the  electors,  shall  be  amended  or  repealed  except  by  a  vote  of 
the  electors. 

Sec.  187.  All  matters  relating  to  the  form  of  the  ballot  and  manner  of 
conducting  the  election  shall  conform  substantially  to  the  requirements  *~ 
forth  in  article  XXII  with  changes  as  required  to  comply  with  the  provision 
of  this  article  and  a  substantial  compliance  with  the  provisions  of  this 
article  shall  be  sufficient  for  the  holding  of  an  election  hereunder,  and  the 
approval  or  rejection  of  any  measure  submitted  thereat,  and  the  commis- 
sion shall  by  ordinance  make  such  further  regulations  as  may  be  necessary 
to  carry  out  the  provisions  of  this  article. 

ARTICLE  XXIV. 
REFERENDUM 

Sec.  188.  The  commission  may  submit  to  a  vote  of  the  electors  of  the 
city  any  ordinance  that  it  or  the  electorate  has  authority  to  adopt. 

Sec.  189.  No  ordinance  passed  by  the  commission  shall  go  into  effect 
until  the  expiration  of  thirty  days  from  its  final  publication  or  posting,  ex- 
cept when  otherwise  required  by  the  general  laws  of  the  state  or  by  the 
provisions  of  this  charter,  respecting  street  improvements  and  except  an 
ordinance  making  the  annual  tax  levy  or  calling  an  election  and  except  an 
ordinance  for  the  immediate  preservation  of  the  public  peace,  health  or 
safety,  which  contains  a  statement  of  its  urgency  and  is  passed  by  a  four- 
fifths  vote  of  the  commission;  provided,  that  no  grant  of  any  franchise  shall 
be  construed  to  be  an  urgency  measure,  but  all  franchises  shall  be  subject 
to  the  referendum  vote  herein  provided.  At  the  expiration  of  said  thirty 
day  period,  such  ordinance  shall  be  in  force  and  effect,  unless  within  such 
period  there  shall  be  filed  with  the  city  clerk  a  petition  signed  by  qualified 
electors  equal  in  number  to  fifteen  per  cent,  of  the  entire  vote  cast  for  all 
candidates  for  the  office  of  president  of  the  commission  at  the  last  pre- 
ceding general  municipal  election  at  which  such  president  was  elected, 
praying  that  such  ordinance  be  submitted  to  a  vote  of  the  electors  and 
thereupon  such  ordinance  shall  be  suspended  from  operation  and  it  shall 
be  the  duty  of  the  commission  to  reconsider  such  ordinance;  and  if  the 
same  be  not  repealed,  the  commission  shall  submit  the  ordinance  as  is  pro- 
vided in  articles  XXII  and  XXIII  of  this  charter,  to  the  vote  of  the  qualified 
electors,  either  at  the  next  general  municipal  election  occurring  subsequent 
to  the  sixty  days  after  the  filing  of  said  petition,  or,  if  such  petition  be  signed 
by  qualified  electors  equal  in  number  to  twenty  per  cent,  of  said  vote,  then 
at  a  special  election  to  be  called  for  that  purpose  within  sixty -days  from 
the  presentation  of  such  petition  and  such  ordinance  shall  not  go  into  ef- 
fect or  become  operative  unless  a  majority  of  qualified  electors  voting  on 
the  same  shall  vote  in  favor  thereof. 

Sec.  190.  All  matters  relating  to  the  form  of  the  petition,  certification, 
examination  and  amendment  thereof,  form  of  the  ballot,  and  manner  of  con- 
ducting the  election  under  this  article,  shall  conform  substantially  to  the 
requirements  set  forth  in  articles  XXII  and  XXIII  of  this  charter,  with 
changes  as  may  be  required  to  comply  with  the  provisions  of  this  article. 

Sec.  191.  No  ordinance  once  so  submitted  shall,  within  one  year,  be 
again  submitted,  except  by  a  four-fifths  vote  of  the  commission  or  upon  a 
petition  in  regular  form  signed  and  verified,  as  required,  by  qualified  elec- 
tors equal  to  forty  per  cent,  of  the  entire  vote  provided  in  section  189. 

Sec.  192.  If  a  majority  of  the  votes  cast  on  any  ordinance  referred  to 
the  electorate  under  the  provisions  of  this  article  shall  be  in  favor  of  said 
ordinance,  it  shall,  if  not  already  in  effect,  go  into  effect  as  a  valid  ordinance 
of  the  city  one  day  after  the  official  canvass,  and  declaration  of  the  result 

Sec.  192a.  The  commission  shall  by  ordinance  make  such  further  reg- 
ulations as  may  be  necessary  to  .carry  out  the  provisions  of  this  article. 

ARTICLE  XXV. 
MISCELLANEOUS 

Sec.  193.  For  the  purpose  of  the  qualification  and  of  the  nomination 
of  candidates  and  of  electing  and  qualifying  all  officers  provided  for  in  this 
charter,  this  charter  shall  take  effect  from  the  time  of  the  approval  of  the 
same  by  the  legislature;  for  all  other  purposes  it  shall  take  effect  on  the 
first  day  of  July,  1915. 

Sec.  194.  The  members  of  the  board  of  trustees,  city  clerk,  city  treas- 
urer, city  tax  and  license  collector,  city  assessor,  city  recorder  and  the- 

qq 
oo 


trustees  of  the  school  districts  in  office  at  the  time  of  the  approval  of  th 
charter  by  the  legislature  shall  severally  continue  to  hold  office  and  dis- 
charge their  respective  duties  until  the  election  and  qualification  of  the 
commission,  auditor,  treasurer,  city  attorney  and  members  of  the  board 
of  education  respectively  first  elected  under  this  charter.  The  term  of  of- 
fice of  all  other  officers  in  office  at  the  time  this  charter  shall  take  effect 
shall  cease  and  terminate  when  the  commission  first  elected  hereunder  shall 
by  resolution  so  declare. 

Sec.  195.  The  board  of  trustees  of  the  city  of  Alhambra  in  office  at  the 
time  this  charter  is  approved  by  the  legislature,  shall  provide  for  the  hold- 
ing of  the  first  general  municipal  election  of  officers  under  this  charter, 
shall  canvass  the  votes,  declare  the  result,  and  fix  the  amounts  and  approve 
the  bonds  of  all  officers  elected  at  such  election  according  to  the  provisions 
relating  to  said  bonds  herein  provided. 

If  for  any  reason,  the  first  general  municipal  election  is  not  held  on 
the  day  herein  provided  for,  the  validity  of  this  charter  and  of  such  election 
is  not  affected  thereby,  and  the  board  of  trustees  of  the  city  of  Alhambra 
then  in  office  must  provide  for  the  holding  of  said  election  as  soon  as  pos- 
sible thereafter. 

Sec.  196.  All  lawful  city  ordinances,  resolutions  and  regulations  in  force 
at  the  time  this  charter  takes  effect  and  not  inconsistent  with  the  provisions 
thereof  are  hereby  continued  in  force  until  the  same  shall  be  duly  amended 
or  repealed. 

Sec.  197.  The  violation  of  any  provision  of  this  charter  or  of  any  or- 
dinance of  the  city  shall  be  deemed  a  misdemeanor,  and  may  be.  prosecuted 
by  the  authorities  of  the  city  in  the  name  of  the  people  of  the  state  of 
California,  or  may  be  redressed  by  civil  action,  at  the  option  of  said  author- 
ities. Any  person  sentenced  to  imprisonment  for  the  violation  of  a  pro- 
vision of  this  charter  or  of  any  ordinance  may  be  imprisoned  in  the  city 
jail,  or,  if  the  commission  or  ordinance  shall  s-o  prescribe,  in  the  county  jail 
of  the  county  in  which  the  city  of  Alhambra  is  situated,  in  which  case  the 
expense  of  such  imprisonment  shall  be  a  charge  in  favor  of  such  county 
against  the  city  of  Alhambra. 

Sec.  198.  The  provisions  of  this  charter  as  to  supervision  and  regula- 
tion by  said  city  of  any  public  utility  operating  therein  shall  not,  and  shall 
not  be  construed  to  affect  or  impair  the  right  of  the  state  railroad  commis- 
sion to  exercise  any  powers  of  supervision,  regulation  or  control  over  any 
such  public  utility,  which  the  city  may  by  vote  have  surrendered  to  such 
railroad  commission  or  which  such  railroad  commission  may  have  been 
empowered  to  exercise  by  constitutional  amendment  adopted  prior  to  the 
taking  effect  of  this  charter. 

Sec.  199.  This  charter  may  be  amended  at  such  times  and  in  such 
manner  as  is  provided  by  the  constitution  of  the  state  of  California. 

Sec.  200.  In  all  matters  pertaining  to  municipal  officers,  concerning 
which  no  special  provision  is  made  in  this  charter,  the  general  law  of  the 
state  shall  be  a  part  of  this  charter  as  far  as  the  same  may  be  applicable. 

Sec.  201.  The  word  "streets"  when  used  in  this  charter,  includes  streets, 
highways,  alleys,  lanes,  courts  and  public  places. 

Sec.  202.  The  word  "city"  wherever  it  is  used  in  this  charter,  means 
the  city  of  Alhambra,  and  every  commission,  department,  board,  division, 
officer  or  employee  wherever  mentioned  in  this  charter  means  the  commis- 
sion, department,  board,  division,  officer  or  employee,  as  the  case  may  be, 
of  the  city  of  Alhambra,  except  that  specific  mention  of  the  board  of  educa- 
tion and  members  thereof,  refers  only  to  said  board  or  its  members  as  the 
case  may  be.  The  term  "commission"  when  used  in  this  charter  means  the 
commission  of  the  city  of  Alhambra. 

Sec.  203.  All  rights,  actions,  proceedings,  prosecutions,  and  contracts 
of  the  city,  or  any  of  its  departments  or  officers,  pending  or  unexecuted  when 
this  charter  goes  into  effect,  and  not  inconsistent  therewith,  shall  be  en- 
forced, continued,  or  completed,  in  all  respects  as  though  begun  or  executed 
hereunder. 

CERTIFICATE 

WHEREAS,  The  city  of  Alhambra,  a  city  containing  a  population  of  more 
than  three  thousand  five  hundred  inhabitants,  as  ascertained  and  established 
by  the  census  taken  under  the  direction  of  the  Congress  of  the  United 
States  in  the  year  one  thousand  nine  hundred  ten,  did  on  the  thirteenth 
day  of  April,  nineteen  hundred  and  fourteen/  at  a  general  municipal  election, 
and  under  and  in  accordance  with  the  provisions  of  Section  8,  Article  XI 
of  the  constitution  of  the  state  of  California,  elect  Chas.  W.  Allen  William 
B.  Allen,  Elmer  E.  Bailey,  R.  F.  Bishop,  Sherman  A.  Bullis,  John  L  Chase 
Francis  E.  Corey,  S.  D.  Crow,  Frank  3.  Elwood,  John  B.  Knox,  William  M' 
Northrup,  F.  W.  Patten,  Sloan  Pitzer,  Chester  E.  Strifler  an*'  Newton  W 
Thompson,  a  board  of  freeholders  to  prepare  and  propose  a  charter  for 
said  city,  and 

WHEREAS,  the  board  of  trustees  as  the  legislative  body  of  said  city 


„ 


did  on  the  eighteenth  day  of  April,  1914,  ascertain  and  declare  the  resolution 
of  such  election, 

BE  IT  KNOWN,  That  pursuant  to  the  provisions  of  the  constitution 
and  within  the  period  of  one  hundred  twenty  days  after  the  result  of  said 
election  was  declared  by  the  board  of  trustees  of  said  city,  said  board  of 
freeholders  has  prepared  and  does  hereby  propose  the  foregoing  as  and  for 
the  charter  of  the  city  of  Alhambra;  and  that  in  submitting  and  proposing 
such  charter  the  board  of  freeholders,  pursuant  to  said  provision  of  the 
constitution  also  presents  with  said  charter,  for  the  choice  of  the  voters 
and  to  be  voted  on  separately  without  prejudice  to  the  other  provisions  con- 
tained in  the  charter  an  alternative  proposition  hereinafter  stated;  that 
said  alternative  proposition  shall,  if  approved  by  the  vote  of  a  majority  of 
the  qualified  electors  voting  thereon,  take  the  place  of  section  101  of  article 
XVI  of  the  proposed  charter;  that  said  alternative  proposition  shall  be  sub- 
mitted to  the  voters  for  their  approval  or  rejection  at  the  same  election  at 
which  the  charter  shall  be  submitted  and  upon  the  ballots  shall  be  printed 
"Shall  the  alternative  proposition  providing  that  hotels  containing  not  less 
than  forty  bona  fide  bedrooms,  may  furnish  vinous  or  malt  liquors  to  guests 
or  customers  in  connection  with  and  as  a  part  of  a  regular  meal  under  such 
restrictions  and  regulations  as  may  be  adopted  by  the  commission — take  the 
place  of  section  101  of  article  XVI.?" 

Said  alternative  proposition  is  as  follows: 

ALTERNATIVE  PROPOSITION 

ARTICLE  XVI. 
ALCOHOLIC   LIQUORS 

Sec.  101.  No  person,  either  as  principal,  agent,  servant  or  employee, 
shall  open,  establish,  keep,  maintain  or  carry  on  within  the  corporate  limits 
of  the  city  of  Alhambra,  any  tippling-house,  dramshop,  cellar,  saloon,  bar, 
bar-room,  sample-room,  club-room,  or  other  place  where  spirituous,  vinous, 
malt  or  other  alcoholic  liquors  are  sold,  furnished,  divided,  distributed  or 
given  away. 

No  person,  either  as  owner,  employer,  agent,  clerk  or  employee  shall 
sell  or  deliver  any  of  the  liquors  in  this  section  mentioned,  or  solicit  such 
sale,  or  take  orders  for  the  same  within  the  corporate  limits  of  the  city, 
provided  that  this  section  shall  not  apply  to  hotels  containing  not  less  than 
forty  bona  fide  bedrooms,  furnishing  vinous  or  malt  liquors  to  guests  or  cus- 
tomers in  connection  with  and  as  a  part  of  a  regular  meal  under  such  re- 
strictions and  regulations  as  may  be  adopted  by  the  commission;  and  also 
provided  that  this  section  shall  not  apply  to  the  sale  of  such  liquors  by  regu- 
larly licensed  druggists  upon  the  written  prescription  of  a  practicing  phy- 
sician regularly  licensed  to  practice  his  profession  in  the  state  of  California, 
nor  to  the  sale  by  such  druggists  of  alcohol  for  mechanical  or  scientific  uses, 
under  such  restrictions  and  regulations  as  may  be  fixed  by  the  commission. 
IN  WITNESS  WHEREOF,  we  have  hereunto  set  our  hands  in  duplicate 
this  14th  day  of  August,  1914. 

NEWTON   W.   THOMPSON 

Chairman   of  Board  of  Freeholders 
SLOAN  PITZER 

Secretary  of  Board   of  Freeholders 
R.  F.  BISHOP 
S.    D.    CROW 
SHERMAN    A.    BULLIS 
WILLIAM  B.  ALLEN 
JOHN  L.  CHASE 
CHESTER  E.   STRIFLER 
FRANK  B.   ELWOOD 
F.  W.  PATTEN 
ELMER  E.   BAILEY 
WILLIAM   M.   NORTHRUP 
FRANCIS  E.   COREY 
JOHN   B.   KNOX 

Filed  in  the  office  of  the  city  clerk  of  the  city  of  Alhambra  this  15th 
day  of  August,  1914,  at  3:00  o'clock  p.m.         O.  M.  CAULK, 

City  Clerk  of  the  city  of  Alhambra,  California. 


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